| With the rapid development of the times, people are paying more andmore attention to the value of personal information, which will surely cause afrequent occurrence of infringement of personal information. Under theincreasingly serious situation, people have raised higher and stricter standardfor the protection of personal information. Therefore, our national legislaturehas followed this trend and taken some of the violation of personalinformation into the scope of the amendment of the Criminal Law in alegislative form. On February28,2009, the seventh meeting of the eleventhNational People’s Congress promulgated the Criminal Law Amendment (7).This amendment regulates the crime of selling and illegally providingpersonal information and the crime of illegally acquiring personalinformation. The abovementioned promulgation is a significant progress of the legislation and is of monumental meaning towards the protection ofpersonal information of Chinese people. However, meanwhile, the variety ofviolation of personal information and the related but not-yet promulgatedjudicial explanation have brought forward certain dispute and confusion inthe sphere of application of the Criminal Law when it comes to violation ofpersonal information, which undermines the protection of personalinformation. Therefore, based on the constitutive elements of violation ofpersonal information, combining with some new phenomena of personalinformation violation and learning from the relative law of some developedcountries, I’d like to give my humble opinion on regulations of crimes ofviolation of personal information of our country, so as to help perfect theprotection of personal information in the system of Criminal Law.This paperis divided into5chapters（the object and the object of crimes、someharm-causing acts、 the subjective aspect of crimes、 the subject andtheproblem of “gravity of the circumstances”）to discuss the protection ofpersonal information in Criminal Law. |
PDF Full Text Request