Research On Some Problems Of Infringing Citizens’ Information Crime

On February28,2009, Standing Committee of the National Peoples Congress adoptedthe "PRC Criminal Law Amendment (seven)" adding the crime of selling、 illegallyproviding personal information of citizens and the crime of illegally acquiring personalinformation, putting the citizen individual information into criminal law. On December28,2012, Standing Committee of the National Peoples Congress adopted “the decision forstrengthen the protection of internet information” to protect the personal information ofcitizens further. But the definitions about the scope of subject, object of crime, behavior crime,incriminate standard is not clear in the practice, and it is difficult to achieve the purpose ofcracking down on crime and protecting the personal information of citizens. The actionagainst infringement of citizens’ information crime three times which was deployed by theMinistry of public security in30provinces, city, municipality showed the defects of theexisting legislation from2012to this year. The crime cannot be cracked down effectively andthe citizens’ personal information are fringed seriously. It is necessary to deeply study theinfringement of citizens’ personal information crime, we have to consummate the content andenrich its intension and correct the defect and ensure it can meet the requirements of socialchange, crack down crime effectively and ensure the safety of personal information ofcitizens.The full text is divided into three parts, about33000words.The first part is the existing legislation and practical difficulties of infringement ofcitizens’ personal information crime, and introduces the illustration of the legislation of theviolation of citizen individual information crime, and indicates the problems in the existinglegislation combined with the new situation, new problems happened in special action ofMinistry of public in the indicates the problems in the existing legislation: the delineation ofthe scope of subject of crime is not reasonable, the crime object is fuzzy, behavior is not clear,the category of citizen individual information and conviction Standard are uncertainty,conviction Standard.The second part focuses on the clarification of the problems existed in selling, illegallyproviding personal information on citizens crime: the objectivist explanation is the basicposition, determining the unit’s subject of crime is the general units by interpretation of aim, interpretation of system and liberal interpretation, and the staff should be someone whorelate to the company that can check,use or manage the citizenship information acquired by it;according to the practice situation and laws, suggest that the subject of the crime shouldinclude general natural person to ensure setting criminal subject properly; on the situation ofthe lack of the legislation that protects the personal information, put forward "fivecharacteristics" through drawing lessons from foreign legislation, and reasonably delineate thelimits of citizen individual information which is that the privacy is the core and has someappropriate extensions; make a clear definition about the "serious" combined with therequirements of practice.The third part focuses on the clarification the problems of illegally acquiring personalinformation crime:"aforesaid information" is defined as the citizen individual information,rather than a information controlled by specific unit, realizing the balanced andcomprehensive; make a reasonable definition of “the other illegal means to obtain" have togo by the prohibit regulations, and the "illegal" is a core,and then comprehensively evaluatebehavior of the subject, object, time, location and other factors. Particularly, it contains"illegal" behavior and the situation when the behavior is neutral without unjustifiable purpose.