Sell, Research The Crime Of Illegally Providing Personal Information Of Citizens

In today’s society the network information technology rapid development,followed by the network of citizens personal information, Now people shoppingonline, and access to data to be registered and their relevant personal information inthis way was made public, but some people with ulterior motives could be throughvarious channels for the illegal use of this information. Infringement of citizens’personal information has become a frequent social phenomenon, which caused manysocial problems also appear frequently, such as frequent harassment on the privatelives of citizens, a large number of commercial advertisements in citizens’ life, andwith the aid of illegally obtaining a citizen’s personal information to other criminalactivities. Therefore,"criminal law amendment (7) of the People’s Republic of China"(hereinafter referred to as the "criminal law amendment (7)) of article7is added" tosell or illegally provide citizens’ personal information "and" the crime of illegal forcitizens’ personal information "so two about protect citizens’ personal information, thetwo charges and therefore quickly became the focus of attention from all walks of life.A new law to fill our country criminal law to protect citizens’ personal informationlegislation blank, it is our country criminal law to protect citizens’ personalinformation for direct start, at the same time is also a very real problem, is our countrycriminal law concerns the livelihood of the people, pay attention to the embodiment ofthe social harmony. On the other hand, the article also highlighted the degree ofharmful to the infringement of citizens’ personal information, and the country in atimely manner to cope with more severe criminal penalties. However,"criminal lawamendment (7)" article7of the regulation is not flawless, among them there are someunclear places, many details need specific specification and in-depth research, to make it more perfect, this is the starting point of this article and the ultimate foothold.This paper focus on careful analysis to sell or illegally provide citizens’ personalinformation. This new crimes Among them, the author USES value analysis, caseanalysis, comparative analysis, as well as a variety of methods such as literatureresearch, the whole paper is divided into three parts separately, its each part has itsown central thesis, and the chapters are closely linked and are independent of eachother, the full text altogether more than30,000words.The first chapter of this paper is to sell, the crime of illegally provide citizenspersonal information, this chapter is mainly discussed is the basic theory of someassociated with this article, the purpose is to offer a theoretical basis for writing belowand do a foreshadowing. Points described in this chapter the definition of personalinformation and personal information protection legislation status quo of thelegislation of criminal law at home and abroad. Among them, the author through thedomestic and foreign scholars on the study of personal information to define theproblem, the concept of personal information has made the determination, andanalyzes the personal information and personal privacy, personal data, personal data,the related concept of the relationship, and the legal attribute of personal informationrights and content.Chapter ii of this article is about selling, crime of illegally provide citizenspersonal information in the cognizance, several problems in the paper is notcomprehensive, but has chosen this crime in the aspect of main body, in the aspect of"serious", in terms of crime number shape, and in the aspect of this crime and thosecrime that problems are studied. Among them, the identified problems in subject, theauthor selected the subject range and the cognizance of accomplice of this crime; To"serious circumstances" that the author is based on the cognizance of criminal judicialinterpretation about the circumstances are serious, summarized, and the summary ofthe specific practices in the judicial practice, made some judgment standard; In crimenumber shape and the cognizance of this crime and those crimes issues, the authoradopted is the method of comparative analysis, on charges of this crime and therelevant specific provisions of criminal law, this paper compares and analyzes so as to come to the conclusion that in order to play a role in the judicial practice. As the coreof the full text, this chapter not only length proportion is larger, and can play the roleof a continuity, the improvement of the this article third chapter proposal is mainlyaimed at problem which mentioned in this chapter.Third chapter of this article is the author to improve the sale, crime of illegallyprovide citizens personal information, and puts forward some Suggestions, multi-levelanalysis through different angles, the author thinks that for the perfection of this crimeshould be based on the analysis of domestic parties in view，and close contact withChina’s national conditions, and accordingly puts forward appropriate for expandingthe scope of the subject,"if the circumstances are serious" needs to quantify, scientificsetting legal punishment, and set up a close GaoZui this several Suggestions. Forjudicial interpretation and judicial practice in the future play a reference role, andhope can through the continuous improvement of the legislation in our country, whichseriously infringe citizen’s personal information due to criminal punishment behavior,ultimately guarantee citizens’ normal life and realize the social stability and security.