On The Crime Of Illegal Procuring The Citizens’ Personal Information

In the twenty-first century, we have entered the information society, andinformation is playing an increasingly important role in the social developmentprocess. In the market economy, personal information carries more economic benefits,and the one who has the stronger information, may occupy the dominant position inthe market. With the emergence of this objective circumstance, the behavior ofillegally procuring citizens’ personal information is more and more rampant, soincreasing efforts to protect citizens’ personal information is particularly important. Inthe2009, the Criminal Law Amendment (seven) was carried out, and one of the newcharges was “the crime of illegal access to citizens’ personal information." Althoughour country’s legislation adds the article of the crime of illegal procuring citizens’personal information, due to the study of citizens’ personal information in China late,progress slow, the operability of this article in the judicial practice is not effective. Sodeepen the study of the criminal legislation is necessary. This article is divided intofour parts to disscuss the crime of illegal acess to citizens’ personal information.The first part mainly introduces the basic problems such as the concept ofcitizens’ personal information. Firstly, the concept of personal information is defined,to clear its intension and extension, and the characteristics of the personal informationare analyzed, and the most obvious feature is the recognition, on this basis, thepersonal information is classified and the comparison with relevant legal concepts ismade, to deepen our understanding of the personal information. Secondly, the legalattributes and contents of the personal information are analyzed, and the essence ofthe personal information rights is the personality right, and the rights of the personalinformation should be protected by law. Finally, the areas of personal informationwhich are protectd by the criminal law are cleared, and not all personal informationshould be protected by the criminal law.The second part discusses the legal recognise of the crime of illegal acess tocitizens’ personal information. Firstly, analysing the constitution of the crime, thecriminal object is complex object, the right of personal information, the right of peaceful life and the management order to the personal information. On the objectiveaspect of the crime, the understanding of this crime behavior exists different points ofview, through the analysis, this paper concludes that buying behavior and the way ofcollection should be light, and the behavior of storage and use should not be the crimebehavior; on the subject of the crime, the crime subject is the general subject,including natural person and the unit; on the subjective aspect of the crime, this crimeform is deliberatin, and the element for the purpose of profit is not inclued. Secondly,the boundary of sin and the insin and the "serious" criterion are cleared, and the"serious" criterion includes the quantity standard, subjective vicious standard,behavior standard and the harmful consequences standard, and then analyzes theprocessing condition, this crime and other crime, in order to understand the rules moredeeply.The third part mainly examines the present situation of foreign criminal lawregulating the behavior of illegal procuring private citizens’ information, includingrepresentatives of the continental law system countries such as Germany, Italy andAnglo-American law system such as the United States, Canada. By studying criminallegislation related to citizens’ personal information of foreign illegal acquisition, wecan learn from the foreign legislation provides for this kind of crime, such as thedefinition of the concept of personal information, the behavior of illegally obtainingmore detailed provisions, the method of the law coordination, in addition the diversityof the criminal penalty and the stronger maneuverability. Most of the provisions in theforeign national criminal legislation, the law negates to this crime are also not coveredby our criminal law. In this regard, we should learn from its rational parts, toconsummate our country’s legislation of the crime of illegal procuring citizens’personal information.The fourth part analyses the defects of the rules to our country’s crime of illegalprocuring citizens’ personal information and puts forward some specific measures toperfect the article. The defects of the rules to this crime include the lack of provisionslaw and the law coordination not enough, not rigorous and the punishmentunreasonable, accordingly, we should perfect the provisions law, coordinate the related legislation, detail the crime object and the behaviors, definite the "serious"crime standard, and increase penal punishment ways and the provisions of the illegaldeterrent to make criminal penalties more richer and perfect, and the judicialcognizance of this crime more operational.