Research On Judicial Determination Problems Of Infringement Of Citizens’ Personal Information Crimes

The personal information of citizens is a reflection of a name, gender, age, identity,occupation and all information which closely related to a specific individual.“Amendments tothe Criminal Law of People’s Republic of China (7)”provides for criminal infringement ofcitizens’ personal information, making the invasion of personal information into Criminal Lawregulation. But because judicial interpretation has not yet been issued, there are manyproblems in the judicial practice. The paper, just from the point of view of the judicial practice,tries to make some research on problems that encountered in the process of recognition of thecrime. Besides the introduction, the text consists of five parts:The first part is the overview of infringement of citizens’ personal information crimes.After the brief description of legislative background of the infringement of citizens ’personalinformation crime, this part discusses the object of the crime, points that the primary andsecondary object of the infringement of citizens’ personal information crimes.This part alsocomes out of the right that behind the right of citizens ’personal information, other rights thatrelates to the personal information of citizens which had been infringed.The second part is the object of the crime-the definition of citizens’ personalinformation. This part firstly makes a brief introduction to the definition of personalinformation of citizens in abroad. Then makes a discussion of the controversy of the personalinformation in domestic theorists. This part defined the connotation of the citizens ’personalinformation, and pointed that the deceased personal information should be protected.，andregarded the fetus personal information as the mother’s to be protected.The third part is the identification of the subject of the crime. This part makes aidentification of natural persons subject and units subject of illegally selling and providingand getting personal information of citizens, pointed out that the natural persons subject ofillegally selling and providing personal information of citizens are the staff of state agenciesand financial, telecommunications, transportation, education, health care and other unitswhich have the same nature of the six units or agency,with public duties or the provision ofpublic services. The unit subjects of the crime are all units which can collect and control thepersonal information of citizens legally. The natural person’s subject of illegally obtainingpersonal information of citizens is any people that reach the criminal age of responsibility, hascriminal responsibility, and any units can be become the subject of the crime. The fourth part is the interpretation of the crime-ways of illegally selling, providing andgetting the citizens personal information. The part makes a identification of the way ofillegally selling and providing and obtaining personal information of citizens, pointed out thatillegally discoursing and illegally publishing the personal information of citizens belonging tothe illegally providing, other illegal ways to obtain the personal information of citizensincluding extortion, robbery, snatch, fraudulently obtain the personal information of citizens,and also pointed out that bribery, acceptance is also illegally obtain. This part also makes anexplanation of the problem which would be encountered in the process of illegally selling andproviding and obtaining personal information.The fifth part is the identification of the serious circumstances in the judicial practice. Asa last security law, criminal law only makes punishment of the behavior which are worthy ofthe penalty, this part defines the standards of serious circumstances of infringement ofcitizens’ personal information, that the serious circumstances should be considered the factorsthat the consequence of selling, providing and getting the citizens’ personal information, theamount of information, the number of violations of information,,behavior means and so on.