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Criminal Law Protection Of Personal Information

Posted on:2012-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:S L HouFull Text:PDF
GTID:2216330338999014Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Personal information is becoming an important source with the developing of modern science and technology. Discovering its value makes it be violated easier than before at the same time. Because the violation cases are too numerous to mention one by one these days, it is a great chance to protect personal information. And compare Chinese real situation with that of western countries to see Chinese realization and protection about personal information fall behind and scattered, then even there isn't a professional law so far. The protection faces an unprecedented challenge to the information age all kinds of new high-tech inventions'coming, but the criminal law protection of personal information, and it only be related to The Amendment to the Criminal Law of the People's Republic of China (VII). So the protection, especially on criminal law, becomes a significant research project. This thesis tries to carry out the project from several aspects to pay citizens'more attention.It includes introduction and main body which contains 3 parts.The first part has three branches. The first one is details about individual information, containing concepts, traits and classification. And grasp the legal attribution, identify its connection and extension by comparing. The next one is general theory. According of the identification and character of personal information, it is to confine spectrum and provide fundamental basis for the right of individual information protection. Then, that is the fundamental basis for criminal laws of protection, and it analysis from human rights theory and modernity of information society , and provides the proof of crime that injurious individual information By sentence according to law.The second part contains two aspects. Firstly, it gets a path to solve problem through anglicizing the situation of Chinese personal information protection and summarizing the theories of criminal law protection and issues which existing judicial cases.After that, it introduces the real situation of national personal information of parts of world to offer Chinese experiences with investigation of comparison.And the last one has five sections. First of all, it puts individual information forward and establishes its legal status and offers legal basis of protection; then, it analyses and perfects the issues of violation cases and judicial study essentially ; the next section, identifies the theory basis of judicial cognizance by comparison analyzing; the fourth section, provides law of violation actions of personal information from the setting of violation cases and punishment; the last section, completes the actions related to violation from criminal law, and explores the criminal regulation about hot issues just like"internet mass hunting''.
Keywords/Search Tags:Personal information, Violation, Criminal law protection
PDF Full Text Request
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