On Protection Of The Personal Information Security From The Criminal Law Perspective In China

In recent years, cell phone numbers and other personal private information as a result of spam messages are frequently leaked everywhere, personal information security is becoming increasingly serious acts of infringement. With China's rapid economic development, people's material life have been greatly improved, the sense of protection for personal information further deepened, in the face of violations of civil behavior and personal information security endless stream of new ways of community urgent need for effective governance. For the violation of personal information security status, not long ago the NPC session, deputies have made specific motion, I look forward to through the "Personal Information Protection Act," the personal information protection law.The protection of personal information security of citizens has become China's building a harmonious society important part. Currently the main treatment is to take such violations of civil law and administrative legal protection, "Criminal Law Amendment (g)"for the first time a clear protection of personal information security as an object, making the criminal law to protect personal information officially joined the civil protection system, but Through systematic study, not difficult to find the current violations of civil and security of personal information has not been effectively govern, in some respects have exacerbated the anti-trend. Security of personal information of our citizens is still in its infancy, because of its criminal law to protect itself with the seriousness of the violation of information security at this stage acts have greater deterrent. Through the existing provisions of criminal law and criminal law to protect research with civil legal protection, legal protection of administrative coordination, analysis of " Criminal Law Amendment (g)" provided insufficient information on the criminal law to protect personal safety of citizens made more concrete ideas and practical measures where the purpose of this writing.Definition of personal information in the analysis of our existing criminal law provisions related to information protection, information security, current violations of civil behavior on the basis of the status quo, I draw on personal information security and protection of citizens of foreign advanced experience, combined with our own information with the characteristics of tort, from the protection of criminal law and streamline the legal protection of civil, administrative relationship between legal protection and improve our criminal law, the establishment of civil legal system of information security and other aspects of theoretical discussion. Through the field of criminal content summary of personal information, personal information protection of citizens and Evaluation of criminal law, civil criminal law to protect personal information should be aware of the difficulties and problems, improve the relevant provisions of the Criminal Code and the Criminal Code to protect the personal information of citizens supporting measures to do so the system are discussed, with a view to criminal law protection for citizens to provide practical information security, new ways to achieve the criminal law on information security of individual citizens effective protection.