The Reason Analysis And Control Of Personal Information Crime

With the speeding up of globalization and the deepening of the knowledgeeconomy, the development of information technology showed a trend ofinternationalization.The development of network technology since the1960s made animportant role for information communication and technology competition, such as theelectronic government affairs,the government released to the public dynamic ofgovernment and the policy through the network platform in time.And the e-governmentmade a good way for public understanding of the major and national policy;andinteractive platform and online community provided a good way for the exchange ofinformation.Large numbers of information made the wealth and opportunity linkingtogether in the information age.Master information means more competitiveadvantage.Convenient service because of the information circulation made greatchanges in personal life and enterprise development.While,the collection,exchange andusing of personal information was reached unprecedented new situation.Firstly, thepersonal information is the property with personality attributes. The personalinformation circulating in the commodity society has to have a double property: usevalue and value. For companies,personal information had evolved from simplecommunication tools to “goods”.Make full use of the personal information madebusinesses an edge in the competition.Secondly,because the popularization anddevelopment of network technology and Communications equipment,it was much moreeasy to get the personal information.In addition to the public service of governmentorgans and public service industries such as telecommunications, finance, education,medical and other enterprises collected personal information, and there were alsoappeared to get information and sell them for interests.Even the public abused theirauthorities to offer and sell the personal information.Thus, in the risksociety,Information managers collected a large of citizen’personal information.On theone hand,it was convenient for the government administration and good for enterprisesexpanding customer base.On the another hand,Citizen’s personality rights,propertyrights and even the health of the economic faced with threats.Countries began to gradually realize the necessity of legal protection of personalinformation.The United States citizens had a strong feeling of freedom and rightsconsciousness,Thus the lead in setting the the Privacy Act. Other legislation like Austria’s "information protection law",the protection of the citizens’ personalinformation was one of the objects of information protection in the data protectionlaws.In Taiwan,the Date Protection Act was on the basis of the actual situation of theinfringement of citizens’ personal information area of the actual situation and thedevelopment of behavior. and draw lessons from advanced foreign legislativeexperience.Whether the legal protection of personal information on abroad, or personalinformation protection law in Taiwan,providing valuable reference for ourlegislation.The policy of our country "criminal law amendment (7)" was the product ofthe demand of social development,Which of the provisions of the citizens’ personalinformation crime were contributions to our country criminal law for protectingpersonal information."Criminal Law Amendment (7)" makes Personal information this new type ofcrime become the focus of attention and the terms to this case gradually increased.Soresearch on the analysis and control of crime of personal information has become animportant issue.In this research, the criminal phenomenon is the study, and crimeprevention is the purpose, and seeking for the actual reduction of criminal phenomena isthe value-oriented.Doing research on the causes of crime and how to prevent theoccurrence of crime with the methods of combination of reasoning andempirical,quantitative and qualitative,also multidisciplinary.However, it exists suchproblems in judicial practice.Too much emphasis on speculative approach and ignoreempirical research,or qualitative emphasis on crime and ignore the role of quantitativein sentencing,it can not be an effective method to find an effective combination pointbetween each method.Crime economic is an emerging discipline to analyze criminalbehavior with microeconomic analysis. As assumption is rational offender, using basiceconomics analysis tool costs-revenue for the analysis tool to study the causes of crimeand crime control to a whole new perspective to explain the whole process of criminalacts.This paper studies the causes of personal information crime using economicanalysis of economics,that the phenomenon is rampant because of low-cost andhigh-yield.Then put forward methods to prevent the personal information crime. Perfectbasic constitutive elements of crime and allocate legal punishment rationally to achievethe purpose of crime prevention personal information.