Concise Analysis In The Crime Of Illegal Acquiring Citizens’ Personal Information

The rapid development of information technology, like a double-edged sword,brings the fast and convenient communication, and also, widens the range and the wayto acquire and use the personal information. The case that personal information isillegally traded, maliciously leaked and used emerges in endlessly, which poses athreat to the citizen’s rights of the person, property, privacy and social public order.The amendment of criminal law (7), passed in the7th meeting of the11th NationalPeople’s Congress on February28,2009, has the meaning of landmark. It makes clearthat the criminal law should adjust the illegal acquisition citizens’ personalinformation crime, which is a solid step on the legal protection of personalinformation. As a new crime, there are not so many domestic referential precedents incurrent. And because the legislation technology is not mature, law language is notclear and precise, and the special personal information protection law and the judicialinterpretation have not been issued so far, it has many application problems of law inthe judicial practice. The absence of the standard leads to the big differences betweenthe different judicial organs’ law enforcement, and the Social effect and legal effectare not ideal.This paper sums up the features of present cases and the application problems oflaw in the practice, analyses the current controversial point in the academic and judicial circles, and provides the deep interpretation of the article of the law, and putsforward the suggestion how to perfect the legislation.Except the preface and conclusion, this paper is consisted of four parts.The first part, from the necessity, feasibility, and the reference the criminal lawof Europe，the United States, Japan，South Korea, China Taiwan and other areas,analyses the theoretical basis.The second part, combined with the cases all over the country and the practice ofhandling cases, sums up the characteristics of this crime cases, and the applicationproblems in the judicial practice.The third part is spread from the “civil personal information”,“the illegalacquisition means”,“the serious circumstances” and the method to calculate the“information” and “illegal profit” and other several controversial points in Judicialpractice. Combining the specific problems encountered, Commenting the academicdiscussion，posing the Personal opinion, this article gives the specific and in-depthinterpretation of the crime that illegally acquiring personal informationThe fourth part, combined with the deficiency of the legislation, proposesaccordingly some revision suggestions on this provision of the crime of illegalacquiring citizens’ personal information.