Criminal Law Protection Of Citizens’ Right Of Personal Information

Recently, along with our country economy by leaps and bounds and the general improvement of network information technology, the protection information rights of individual citizens is faced with severe challenges. In view of the common people’s personal information infringement of the illegal crime activity is on the rise, infringement of citizens’ personal information is rampant illegal and criminal activities, some institutions, enterprises and individuals, will be exposed to in the process of daily work duties or for service business process citizens of theft of personal information to others or pusher, and the criminal suspect in several ways and methods for data, in order for profiteering. This kind of behavior violated civil rights, and easy to induce a variety of downstream crime, seriously endanger people’s sense of security, the threat to social harmony and stability.Although in2009the People’s Republic of China criminal law amendment (7), increase the "sale or illegally provide citizens’ personal information" and "crime of illegal for citizens’ personal information" and other relevant provisions, but in the judicial practice in the infringement of citizens’ personal information behavior has intensified trend. In existing in the judicial practice of crime and punishment configuration, initiate the standard is unclear, crime subject not clear, and so on situation already seriously affected the law enforcement credibility, and effective protection of citizens’ personal information security and regulatory caused much confusion. So I hope that through this article expounds the concept of citizens’ personal information, summarized the status of infringement of citizens’ personal information, in-depth analysis of the infringement of citizens’ personal information crime criminal activity legislation situation and the shortage of draw lessons from foreign advanced experience, so as to put forward suitable for China’s national conditions and improve the citizens’ personal information countermeasures and Suggestions of criminal law protection, finally achieve the purpose of standardize the collection and use of citizens’ personal information, to safeguard the legitimate rights and interests of citizens. This article consists of five most, the first part is to protect citizens’ personal information right and criminal law are summarized, including the right of citizens’ personal information, infringement of citizens’ personal information present situation analysis, etc.The second part is the illegal infringement of citizens’ right of personal information and crime are briefly analyzed. Divided into illegal infringement of citizens’ personal information and the crime of legal basis; The cognizance of illegally; The cognizance of the crime and so on three plates, and finally lead to infringement of citizens’ personal information constitutive requirements of crime.The third part is about our country’s present criminal law to analyze the shortage of the civil right of personal information protection, set up by charges and insufficient punishment configuration; Initiate the standard is unclear; Crime subject is not clear; No unified criterions for the conviction; Less of unit crime punishment; Investigation difficult shed light on the six aspects, such as induction.The fourth part from the continental law system and Anglo-American law system, to foreign civil legislation of criminal law protection of personal information right, advanced experience for reference.Is the fifth part puts forward some countermeasures to improve the civil criminal law protection of personal information advice, this is the final stop of this article. Through a unified judicial interpretation case standards; Science set up the legal punishment; Appropriate for expanding the scope of the crime subject. Strengthen the coordination between criminal justice and administrative law enforcement, find countermeasures suitable for the situation of our country’s criminal law protection, perfect the relevant legal system, find the feasible measures to achieve the goal of a comprehensive system to protect citizens’ personal information.