Study On Assessing The Serious Circumstances Of Illegally Obtaining Personal Information

Modern society, the behavior of illegally obtaining personal information is increasing, it is serious violate the information security of citizens. The new crime of illegally obtaining personal information of citizens in "Criminal Law Amendment(7)", provide a legal basis for the protection of security of personal information, it is a crucial breakthrough in our legislation. As the crime of" Serious circumstances ",it is the established standards of crime.Present, because of lacking regulations, in judicial practice, over the judiciary in handling specific cases, some are said to number of standard or standard that is based on the results, and some as an integrated standard of a conviction basis.The crimal law theory currently also has no unified understanding.Neither the judicial practice or the crimal law theory have has no unified understanding making the crime of conviction and sentencing to the tremendous.Using the relevant criminal law theory and the basis of existing jurisprudence on the crime of illegally obtaining personal information,finding the Serious circumstances " assessing order should be made from three aspects of comprehensive opinion on the criminal,they are the amount of illegal obtaining personal information (including illegal obtainting the number of personal information of citizens, the illegal income, number of time), behavior, the results.