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Research On The Personal Information Of Citizens Crime

Posted on:2015-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:C F QiaoFull Text:PDF
GTID:2296330467454455Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the rapid development of science and technology, especially thedevelopment of the Internet technology, the pace of China’s information technologygradually accelerated. In the daily life, citizens need more usage of their personalinformation to contact with this ever-changing society, for instance, in the aspects offurther education, medical care, savings, insurance and some other aspects, these allrequire people to provide their personal information outside. Scientific Technology islike a double-edged sword, brings us conveniences in our living conditions, whilealso continues to cause distress to us. With the increasing contacts with the outsideworld, and our information is mastered by more people or organizations, which makesthe security of personal information of our citizens simply can not be got theprotection they are deserved."Human flesh search""Network libel" phenomenon hassparked a huge controversy, but in the case of the current social networking process,personal information of citizens continue to be violated after another, all the privacyand reputation of others caused enormous damages to many citizens, they worry abouttheir personal information security. Last year, American intelligence staff Snowdondisclosure " Prism " program which shocked the world, the U.S. governmentexplained that the counter-terrorism and maintain national security need to monitorAmerican citizens and telephone system and network communication content, so theU.S. citizens are almost " naked " in the face of the government, the personalinformation of citizens has become the object of direct state supervision, personal privacy and information rights of citizens under serious threat.China’s Criminal Law Amendment infringement of citizens’ personalinformation on the crime to make a special provision, Article253Added " soldillegally providing personal information of citizens crime; crime of illegal access topersonal information of citizens." But how to identify the new situation emerging inthe real life, the criminal law in a number of key issues are how to be held in a urgentlegal argumentation and complete. Therefore, in order to ensure personal informationof citizens crime are implemented smoothly, it is necessary to make in-depth study onthis.This paper includes five chapters except for introduction:Chapter one, which starts from the characteristics and the value of theinformation itself and combines the current situation of the repeated violation ofcitizen’s personal information in today’s society, analyzes the definition of violationof citizen’s personal information, then explains the reason and the necessity of theintervention of criminal law to protect the citizen’s personal information. Furthermore,this chapter explores the crime object of violation of citizen’s personal informationand the scope of protection of citizens’ personal information in the field of CriminalLaw.Chapter two and chapter three give a detailed and respective analysis about thecrime of selling and illegally providing citizen’s personal information as well as thecrime of stealing and illegally obtaining citizen’s personal information, which focuseson the behavioral pattern and the subject of crime of the two crimes from bothsubjective and objective aspects.Chapter four elaborates on the differences and the identification of someconfused charges in the crime of violation of citizen’s personal information in thejudicial practice.Chapter five shows that the law which can prevent citizens’ personal informationfrom being infringed has been improved. The recommendations and provisions in thecriminal law which can protect the citizens’ personal information have been improvedaccording to the above discussion, meanwhile, integrating the complete of other department laws and putting forward the construction of the legal system to protectthe personal information of our citizens...
Keywords/Search Tags:personal information of citizens, illegally providing, illegally access
PDF Full Text Request
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