Study On Assessing Of Illegal Obtaining Personal Information

With the development of the society and the progress of science and technology, people have more and more personal information. In our criminal law, there is haven provision of the crime of illegal for citizens’personal information. It is to protect the security of the citizens’ personal information. But because of the limits of the law itself, the present criminal law has not a clear definition of the concept of citizens’personal information, enumerating illegally obtaining method or the standard of circumstances are serious. In this paper, by analyzing the case, citizens’ personal information should be valuable, and these valuable information can confirm the identity of one person. The information may be not public in a certain time and some scope. How to understand "illegal"? Can we sum up the standard of from the experience of each case? Through the understanding of "illegal", we can clearly confirm illegally obtaining method. "Serious" is general formulation in law, and is an abstract concept. When the circumstances are only stipulated serious, the behavior should be convicted of a crime. So the standard to judge if the circumstances are serious is very important.The paper introduces the basic problems such as the concept of citizens’personal information, and analyses the characteristics of the personal information. The areas of personal information which are protested by the criminal law are cleared, and not all personal information should be protected by the criminal law. The crime subject is the general subject, and this paper concludes that "buying behavior" should be light. Secondly, in this paper the standard of "serious" is defined, and we should consider the quantity standard, behavior standard and the harmful consequences standard when we judge whether a certain behavior has reached the standard of "serious". We should perfect the provisions law, detail the crime object and the behaviors, definite the "serious" crime standard.