The Criminal Law Protection Of Personal Information In The Information Society

This paper. face directly that the crisis on the personal information of citizens under the Information Society serious harms the civil rights of them. It is necessary and important to have a. study on the criminal protection of the personal information of citizens. For this issue, this paper is divided into three chapters. Because the criminal protection of the personal information of citizens is discussed in the information society, firstly it is necessary to make a clear definition of “the information society " and " the Personal of citizens”,in order to avoid the loss of focus of the discussion, then it is followed by the basic response to challenges of the criminal protection of personal information of citizens under the information society. and then summarizes the extraterritorial criminal law on the protection of personal information of citizens. Finally, based on China’s "criminal Law" Article 253, it analyzes the application of penalties to protect the personal information of citizens, The following will be a brief description of the contents of each chapter:Chapter One: Firstly, it describes how to define the personal information of citizens, by the doctrine of some experts and analyses on living examples, and discuss the relationship between "personal information of citizens" and "privacy right". the boundaries of the personal information of citizens should therefore clarified. Then it shows challenges that criminal law protection of the personal information of citizens faces under the actual situation of the development of the information society: one is how to prevent the personal information of citizens from being unreasonably harmed in the process of participating in the information society and to requires to determine the reasonable criminal intervention on the protection of the personal information of citizens; another phenomena of the server reveal and misuse of it. Finally, it discusses the basic response to the challenges of the criminal protection of the personal information of citizens in the information society, emphasizing the critical point that the information of the criminal law as a "second law " or "Behind Act" in the construction of the information society is "Criminal Law Principles" and "Keep on the Information Society maintain vitality. "Chapter Two: This chapter describes that the extraterritorial criminal law protects the personal information of citizens of the Penal Code. It refers to the provisions of foreign law and compares United States and Hong Kong china in common law system with Germany and Japan in civil law system. presents in this article, is that in the information society, it is a general trend worldwide to protect personal information of citizens with criminal responsibility, which is the most severe criminal deterrence. The personal information of citizens is a clearly distinguished with he concept of privacy right by legislation. There should be an unified Personal Information Protection Act.Chapter Three: This final chapter expounds the four constitutive elements of crime separately on "the crime for selling. or illegally providing personal information of citizens." and on "the crime for illegally obtaining personal information of citizens, " and analyzes with cases judicial practice. It points out that the legislation to protect the personal information of citizens in china currently is still lacked. As to the base of the construction of the entire legal order, it is necessary to make the text itself as a core.