On The Citizens Of The Criminal Law Protection Of Personal Information

With the rapid development of today’s society, science and technology continues to progress, and the Internet, the widespread use of personal information for large-scale collection faster and easier, which fully shows China’s modernization process. At the same time enjoy the convenience of the resulting facing the citizens’ personal information is often leaked and illegal use of individual citizens the right to information have been seriously violated, the individual citizens the right to information can not be effective protection and other issues. In life, we often receive many, such as selling, buying a house, business discounts, insurance loans and other spam messages received similar harassing phone calls on our lives, these are caused by a light or heavy impact and interference, in serious cases even more to make our personal safety or property losses. Citizens’personal information in our country have been protected by law, this has related provisions in the Constitution, civil, administrative, and other fields, but rarely in the field of criminal law legislation. In2009, the Criminal Law Amendment (7), and the introduction of two high judicial interpretation, for the first time in the field of criminal law, criminal acts of infringement of citizens’ personal information to make specific provisions will be sold illegally providing personal information of citizens and illegal access to individual citizens information on the behavior defined as criminal. This is China’s legislative progress in the history of my temper justice with mercy in criminal policy, of great significance to protect citizens’ personal information security, improve the situation of human rights of our citizens. However, because at this stage still in its infancy in China for the protection of personal information, the content and the specific provisions of the amendment is too simple and vague, with China currently do not have a dedicated full Civil Personal Information Protection Act, and in the serious deficiencies of the Constitution, civil and commercial law, administrative law and other fields related systems on the Protection of Personal Information in judicial practice does not apply well to the amendment, and can not be comprehensive and effective protection of personal information of citizens rights. This paper will be divided into four parts to investigate the infringement of citizens’ personal information crime. First, a clear definition of the concept of citizens’ personal information, legal property of its characteristics, and classification on the basis of individual citizens the right to information; second part of the criminal policy of the Protection of Personal Information analysis, the first through to explore the need for criminal law protect citizens ’personal information, combined with the analysis of external conditions on the criminal law to protect citizens’personal information to be clear, the final boundaries of the criminal law to protect the personal information of citizens; the third part, the existing system on the the provisions of the criminal law protection of personal information of citizens to explore, through analysis of the provisions of relevant legislation, combined with the relevant norms of the Criminal Law on the Protection of Personal Information, and then asked the deficiencies of China’s Criminal Law for the Protection of Personal Information and to be perfect aspect; Part IV, on the basis of the first three parts to explore the suggestions and comments to improve the current Criminal Law on the Protection of Personal Information.