On Perfecting The Legislation Of The Crime Of Infringement Of Citizens’ Personal Information

With the continuous appreciation of personal information in daily life, the behaviors of theinfringement of citizens’ personal information occur repeatedly. In order to curb the abuse ofcitizens’ personal information, our country added the crime of invasion of citizens’ personalinformation in2009, evaluating the behaviors of infringement of citizens’ personalinformation formally according to criminal law and making it clear that those acts havecriminal illegality.The first part of the thesis makes an analysis of the crime of invasion of citizens’ personalinformation in a comprehensive way. First of all, conceptually, there are two kinds ofdefinitions for such crimes: one is substantial, the other formal. While, both these twodefinitions have advantages and disadvantages respectively. In order to better define theconcept of this type of crime, the author thinks that we should make a compromise on thosetwo definitions, putting the reasonable sections together to give a comprehensive definition.Secondly, analyzing the characteristics of the sort of crime. With the frequent occurrence ofsuch criminal behaviors which show some unique specialties apart from the sharedcharacteristics with the other crimes, we can make a summarization of the specialties tomake it clear that it is important to perfect legislation of the crime of the infringement ofcitizens’personal information. Moreover, making a classification. We should define the legalregulation among different behavioral subjects, way of acts and behavioral objects so as tounderstand the crime of the infringement of citizens’personal information deeply.The second part is mainly analyzing the existing legislative deficiencies of the crime,which include the limitation and ambiguity of the subjects and objects of the crime. Besides,in the objective respect of the crime, the limitation of way of acts and the fuzziness of thedegree of severity of “serious circumstances” are also included. These legislativedeficiencies make a lot of problems existed in the judicial practice.The third part is chiefly introducing the regulations of the crime from the countriesoverseas. Seen from the constitutive elements of the crime, analyzing the subjects of crime,the objects of crime and the way of acts and pointing out the significance of the regulationsfrom abroad to our country.The fourth part, on the basis of the second and third part, putting forward somesuggestions on the criminal legislation to perfect the crime of invasion of the citizens’personal information. To the subjects of the crime, the author suggests distinguishing natural persons and units, defining the status of the unit staff in this kind of crime and expanding thescope of natural persons which include unit staffs in the authority, finance,telecommunication and so on. To the objects of the crime, the author suggests defining theimplications of personal information and the range of protection. To the objective aspect ofthe crime, the behaviors of citizens’ personal information can be divided into three parts:collection of information, transmission of information and use of information. And weshould govern the behaviors occurred likely during each section and avoid the loophole ofcriminal law as far as possible so as to realize the protection of citizens’personal informationfully. As to the “serious circumstances”, we should set a standard to determine if thecircumstances are serious and we should avoid the “Grey Area”. As the saying goes:“Fromthe law rules that people.” Perfecting the legal protective citizens’ personal information toprovide the basis for administrative illegality.The fifth part is the conclusion, summarizing the contents of the entire thesis, integratingeach section to state the idea of writing clearly and explaining the purpose of writing thethesis is to perfect the criminal legislation so as to provide support for application of law inthe judicial practice.