On The Crime Of Selling, Illegally Providing Personal Information Of Citizens And The Crime Of Illegally Obtaining Personal Information Of Citizens

In this rapidly changing information society,the violation of personal information of citizens is a frequent social phenomenon.The variety of social problems resulting,such as the non-normal emergence of a large number of targeted commercials,private life is interrupted.The crime of selling,illegally providing personal information of citizens and the crime of illegally obtaining personal information of citizens are in the seventh aticle of People's Republic of China Criminal Law AmendmentⅦ. The introduction of this article has become a focus.It makes up for the lack of criminal law,reflects that the degree of harm of related behavior and the timely response,the more severe punishment,but there are still some shortcomings.So we need to regulate the details,in-depth research,and continuous improvement,which is the starting point and end point of this article.This thesis focuses on the added criminal charges, using value analysis,compareive analysis,literature research and other analytical methods.Entire thesis is diveded into six parts.Each part has its own priorities,independent and interrelated.The ChapterⅠis legislative overview which analyze the background and different viwes during the legislative process,then summed up its value.The next are constitutions and related issues that are separately set into ChapterⅡand ChapterⅢ.ChapterⅡuses a four-element analysis,including four sections,object,objective aspect, subject,subjective aspect. ChapterⅢis not comprehensive,some issues selected,determination of charge,suspended form of crime,form of joint crime, form of the quantity of crime.The next two chapters are obviously different with previous chapters,which focus on comparative analysis.ChapterⅣis comparison with other types of information-related crimes,including national information,commercial information,military information.ChapterⅤis extraterritorial legislation and reference,which several featured examples of countries and region of common law and civil law.ChapterⅥis the last one,on the basis of the front five chapters,discusses defect and improvement.This thesis focuses on legislative reference of ChapterⅤand improvement of legislation of the last chapter.Through multi-level analysis of different perspectives,author believes that legislative reference should be based on analysis of domestic and international point of view and close contact with China's national conditions,and put forward a number of proposals,such as clear definition of Personal Information of Citizens,moderate expansion of scope of criminal subject and behavior,specific provision of violation of state regulations and graveserious circumstances,careful adjustment of penalty,expecting that it would be helpful to future judicial interpretation and pratice,to penalize serious behaviors,to protect people's normal life and achieve long-term stability.