The Study On Violating Personal Information Crimes

The crime of invasion of personal information is the general name of illegally selland provide personal information in the seventh item of Criminal Law Amendment.This guilt was first written in China criminal law. Related cases are not very commonin daily life and the related judiciary explanations are not comprehensive. Therefore, itis quite usual to lead to practical problem in real life. This paper will study this guiltfrom the following aspects in hope of helping judiciary authority in solving relatedproblems. What’s more, the study of the guilt can help protect citizens’ personalinformation in a more effective way.Expect introduction and conclusion parts, the body part can be subdivided intofour parts. To be specific:The first part expounds on the discussion about personal information and theauthor’s opinion has been put forward. Besides, the paper holds that the “aboveinformation” in the second item should be understood as “citizens’ personalinformation”.The second part is the study about the subject of the guilt. It is hold that thesubject should not be limited to the listed workers in the five special sections, butshould include all those who are qualified to get citizens’ information. Those who arenot qualified won’t commit this crime. What’s more, the author has it that the qualifiedpersons in special sections should be more seriously punished if they commit the crime.The subject in the second item is normal subject, which means that the natural personswho are responsible for a crime can be the subject.The third part is the objective study of this guilt, which elaborated the behaviorsof the guilt of selling, illegally provide and gain personal information. Then, thepresent paper analyzed whether “human powered search” is proper to be sentenced andput forward that at present it is not proper to sentence “human powered search”.The last part hold the opinion that it is better to judge whether a case is serious or not from the quantity, the content of the information, the profit and whether theinformation has been used to commit a crime.