The Analysis On The Crime Of Selling Citizens' Personal Information

In the information age, citizens'personal information contains huge commercial value, society value and other potential value. People's mobile phone often receive messages concerning car and house advertisement; pregnant and lying-in women are usually infested by the calls of promoting powdered milk and other products for children; graduates who are looking for jobs will also find jammed junk e-mail about interview counseling, and clothing when they open their mailboxes. However, China's legal system concerning citizens'personal information protection has not been set up yet, which makes the outlaws infringe on citizens'personal information fearlessly.The 7th meeting of the 11th NPC standing committee adopted the 7th Amendment to the Criminal Law of People's Republic of China (the 7th Amendment to the Criminal Law for short) on February 28th 2009. The 7th clause of this Amendment added sale and illegal revelation of citizens'personal information crime and illegal acquisition of citizens'personal information crime to the 253rd clause of the Criminal Law, which is farseeing, fast and timely. Thus, the issue of the 7th Amendment to the Criminal Law could give great security to citizens'personal information. By using the case of Zhou Guangjin who sold citizens'personal information as a background, this paper analyzes the revelation of citizens'personal information in the information age. This paper can mainly be divided into the following five parts:1. A brief introduction of the case. This part introduces Zhou Guangjin's case and analyzes the crime of selling citizens'personal information.2. Details of the case. This part mainly contains a description of the case, the facts and basis upon which the case was judged, and the final judgment.3. The controversy of the case. This part is mainly about people's controversy caused by Zhou Guangjin's case.4. Legal analysis. This part firstly analyzes the revelation of citizens'personal information in the information age which includes the connotation and extension of the concept, the relationship between personal information and privacy and other typical cases. Furthermore, this part analyzes the additional accusations to the 253rd clause of the Criminal Law. The analysis includes the amendments made by the 7th Amendment to the 253rd clause of the Criminal Law, the involved crime, the nature and penalty measurement of Zhou Guangjin selling citizens'personal information, and so on.5. Conclusion.This part emphasizes the importance of citizens'personal information protection and the comments to the verdict of Zhou Guangjin's case.