Sell, Illegal Provide Citizens Personal Information That Sin Research Problems

To effectively combat illegal citizens personal information leaked,2009"criminal law amendment (7)" add sell or illegally provide citizens personalinformation, fill in the blank of criminal law to protect citizens’ personal information.But as the new charges, theory and practice for citizens’ personal information, thebehavior way, if the circumstances are serious, criminal main body of the relatedproblems disputed, lacks the corresponding judicial interpretation, bring difficulties tothe judicial organs in the specific identification.Theoretical research combined with case analysis, this paper writing methods,the above theoretical research on several problems, and the case analysis. First, thecrime of sale or illegally provide citizens personal information of citizens’ personalinformation identified problems. Enumerates two related cases, summarized inpractice disputes, related theoretical point of view; Again from the perspective ofsemantics and punishment law, the citizens’ personal information for defined,inductive sell or illegally provide citizens personal information crime connotation andextension of citizens’ personal information; And analyzes two cases respectively.Second, the crime of sale or illegally provide citizens’ personal information in themanner and if the circumstances are serious. Lists on the behavior way, if thecircumstances are serious cases, summed up the dispute focus and theoretical point ofview; Again to sell or illegally provide definition, and in the judicial practice to sellafter buy, brokers intermediary to introduce business behavior cognizance, the sale ofcitizens’ personal information crime, the crime of illegally provide citizens personalinformation in the "serious circumstances" as reference factors were discussed;Combined with theoretical analysis to analyze the case. Again, about the cognizanceof the crime main body. Interpretation from the perspective of legislative intent crimesubject’s industry area, the limitation on the natural person crime subject conditions for parsing; Definition on unit crime subject, whether internal departments belong tothe unit crime subject of units are determined; And to analyze the case.