On Legislative Defects And Perfection Of Criminal Law Protecting Chinese Citizen's Personal Information

With the development of modern science and technology, people are attaching more and more importance to citizen private information, which is toping the list of law protection with each passing day. Although citizen private information has been put, directly or indirectly, on the list of law protection, yet criminal law protection of private information is of great necessity due to the following aspects: the inadequacy of present law protection, the dramatic social perniciousness of private information invasion and international tendency of citizen private information protection. Thereby, selling, providing and obtaining personal information illegally of personal information from citizens are set as two accusations in criminal law. However, from the perspective of present criminal law regulation, the subject of crime is lack of preciseness, and in terms of the course of action, some other damaging ways of invasion of personal information apart from selling and providing them illegally have not been regulated as a kind of accusation, and from the angle of criminal object, citizen personal information truly is under the protection of criminal law, but it is, on the other hand, not well-defined, and on circumstances for adjudgment, the two criminal accusations are not distinguishly dealt with, and what's more, the criteria of the degree of adjudgment is still in the air. Lastly, the distribution of the two accusations is also not showing their differences, and unlimited fining system is on the way. On the basis of the above defects, when the criminal of selling and providing personal information illegally is concerned, the criminal subject should be defined as"state organs and the staff of finance, telecommunications, transportation, education, mecical system and some other units". And the courses of act should be regulated as"selling, illegally providing and any other illegal invasion of personal information". As for criminal object, it is necessary to relate personal information definition to citizens and their personality, which both are private and uninvasionable. As for circumstances for adjudgment, the regulation of"adjudgment severity"should be cancelled, while take a comprehensive and concrete way of viewing it. And in terms of measurement of penalty, the distribution should be diferent according to the different criminal subjects, with the first clause as "three years imprisonment or criminal detention", second as "two years imprisonment or criminal detention"; and the unlimited penalty system should also be replaced by the limited fining system.