Infringement Of Citizens' Personal Information A Crime, Criminal Law Applies And Perfect

It is said that know yourself as well as the enemy you can overcome everything. All the time since, the information is very important. In recent years, science and technology develops very fast. Citizens'personal information collected by malicious, illegal leak is nothing new. The purpose of the "Criminal Law Amendment (7) of People's Republic of China ", which was passed on February 28, 2009, is to effectively fight against the illegal use of personal information of citizens so as to protect the legitimate rights and interests of citizens. One is" sell, illegally providing personal information crime"; the other is" stealing, illegal access to personal information". Until today, our personal information still is violated. In many places, personal information infringement cases decisions are not the same. Social effect is not good.Hope to provide help for the civil protection of personal information. Only studying the constitution and judicial fact-finding of the crime hard to identify the constitution clear, we can crack down on the crime effectively and protect civil security of personal information maximally. We need to learn from the success of foreign legislative experience, and criminal law in the protection of citizens against our country's lack of personal information and put forward comprehensive personal information of our citizens a number of measures to protect the criminal law.Besides introduction and conclusion, is divided into three parts.The first part is the infringement of citizens' personal information status and the characteristics of the introduction, this part mainly includes personal information infringement crime has already formed industrialization; people have come to realize the protection of personal information of importance and necessity. The invasion of personal information crime characteristics are mainly embodied in: crime concealment, violations of communication more information, obtain is illegal interest to a larger, standard.The second part is the infringement of citizens' personal information the judicial determination of the crime, this part mainly includes personal information by defining, on the law of understanding, on the subject of crime, object, criminal means of identification and the violation of citizen 's personal information and other crime.The third part is the infringement of citizens' personal information crime criminal law, including some of the major foreign in the personal information protection is worth us to draw lessons from experience, to our country civil personal information infringement crime of criminal law applicable suggestions.