Personal Information Protection In The Vision Of Criminal Law

In information society,the commercial value of personal information has become increasingly prominent, a large collection and use of personal information has become an important part of the information age.Where there is interest, where there is damage to interests,the phenomenon of the disclosure of personal information ,Buying and selling of personal information emerge in an endless stream, cause people always worried that they will become "advertisements", and be "nudity" in public without reservation.More seriously,the harm of leakage of personal information is not only affect individual's life,it may also breed other serious criminal.However, criminal law,the modern rule of law as the last line of defense, the protection of personal information must to give some attention to problems in the proper meaning, but China's current criminal law did not give due attention to this.At the legislative level,the criminal law protection clause of the personal information is disperse and lack of systemic ,at the theoretical level, only exists a handful of personal information theory, which have resulted in people not really understanding the criminal aspects of the protection of personal information.Therefore, build and improve a personal information protection framework of criminal law is a major issue in society.The Amendment to the Criminal Law of the people's Republic Of China which was adopted at the 7th session of the Standing Committee of the 1lth National People's Congress of the People Republic of China on February 28,2009,the behavior of stealing,Illegally providing and Illegally obtaining personal information was Included in the scope of criminal punishment,Criminal Law Amendment opened a new chapter in the personal information.This article use the following research methods:first, comparative method.In this article,compare the different protection methods of personal information in every department,Further analysis unique function and methods to protect personal information in Criminal law.another,I put forward a more targeted view of the Criminal Law Legislation on the protection of personal information by comparing different values, different legislative options and different legislative systems of legal protection of personal information in different countrys.Second, empirical analysis.In this paper, I will use the exact number and the actual case for the material, and through specific analysis, anatomy, explained the need for criminal law protection of personal information .This paper will be divided into four chapters:The first chapter mainly introduces basic theory of personal information, analysis the definition, characteristics, classification and the legal attribute of personal information;The second chapter,the author tries to discuss the value of the criminal law to protect personal information and penalization of the infringement of the personal information right,and then distinguishing the boundary of criminal or decriminalizing;The third part,I will introduce Our country legislation to protect the personal information of the present situation and the existence defects.The last chapter compares the foreign legislative modes to bring forward a legislative draft and brings forward the suggestion on legislation Perfection.