Research On The Object Of The Crime Of Illegally Acquiring Personal Information

Information, whose function is increasing day and night, has become importantcompetitive strategy in today’s activities in market economy. Under this circumambience,personal information with rapid increase economy value has turned out to be economyresource, and even a commodity from which businessmen can benefit. However, behaviorsthat personal information is treated as commodities seriously not only violate informationsecurity of citizens, but also disrupt normal order of economy, market and society. Accordingto People’s Republic of China Criminal Law Amendment (seven), although serious violationsof the personal information of citizens has been added into the context of criminal regulation,such as illegal sale or providing citizen’s personal information, illegal access to it, it is stilldifficult to find to charge someone who has committed this crime, for the reason that there isno clear definition of the personal information. This paper will focus on the case on thecriminal suspect Liu, who had illegal access to personal information of citizens. Four chaptersare included in this paper around20,000words.The first part describes the basic background of the case. At the very beginning, athorough introduction will be presented about the cause of the action, the details or process ofthe action and different opinions of two defendants. And then the argument would beextracted whether gaining personal information by the locating information with cell phonesis illegal or not.The second section focuses on the analysis of legal principles, which is the theoreticalbasis of this paper. Based on the different understandings of description of what is personalinformation from China’s Criminal Law, it is concluded that personal information is to meetthe requirements of individual’s information. Then compared with the definition of personalinformation from abroad, it is said that personal information should be characterized. Byinductive method, the definition of personal information is finally summed. Accordingly,analyzing the sample case in the start and illustrate specificity and finishing this part by listinghow to justify this case.The third part is the analysis and conclusion of this case. The analysis of the argument ofthis case will be based on the legal principles on the personal information. Consequently, theconclusion will be summarized that gaining personal information by the locating information with cell phones is illegal and the defendant if guilty, which is in line with the final judgmentby court.The final section concentrates on the enlightenments and suggestions of this research.According to the analysis of this case, it is summarized that when identifying the suspectinsisting on figuring out the characteristics of the case itself and using appropriate methodsare very necessary as well as suggestions are provided for the legislation and jurisdiction.