On Defects And Perfection Of Illegal Selling And Offering The Individual Citizen Information

With the high construction speed of information technology in the country today, to protect personal information of citizens has been more and more important individuals and society. However, the temptation of high economic benefits, weak legal awareness of the protection of personal information of citizens and deficient national legal system, are resulting in a worse situation on the infringement of citizens’personal information."Criminal Law Amendment VII" newly established that selling illegally providing personal information of citizens, which is undoubtedly an important basis to severely punish crime of the infringement of personal information of citizens. on the crime of selling, illegally providing personal information of citizens, no clear definition was established for the concept of "personal information" and "serious degree ", which failed to build an evaluation system with multi-level established and defined crime; Because of the lack of relevant system, some difficulties were raised to the application of law; the provisions of the sale, illegally providing personal information of citizens subject of crime is also too narrow, and statutory penalty allocation is not reasonable. The advent of the information era must improve the relevant criminal legislation, selling, illegally providing personal information of citizens of crime, subject of crime should be from the original "state organs or financial, telecommunications, transportation, education, medical and other units of staff this special subject is a general subject; it’s also important to speed up to build the pre-law system of "two crimes" and personal information protection law, citizen and a special introduction, defined collection of personal information of citizens need program, collectors use restriction, legal obligations and violation of law obligation of legal liability, personal information rights of citizens independent, to become citizens of a legal right the personal information of citizens; As for the range of personal information, there should be more clearly definition and certain elastic space, which is also the information age and the continuous development of science and technology requirements; the citizen individual information to citizens’ privacy part, should be used to define standards clear, that is involved in the personal dignity of citizens as the standard definition of "serious;" the definition and the citizen individual information have some similarities, which in the designated assessment level the judge some space of adjudication.