Study On Related Issues About The Infringment Of Citizens’ Personal Information Crime

In the present society, the e-commerce based on information technology is booming and thoroughly changes people’s life, and our human is moving towards information society at an unprecedented speed. Technology not only subverts people’s perception of society, and affects people’s life style and trajectory, but also brings a change and innovation of the way of the government management. With the increasing demanding for information, the value of citizens’ personal information is also rising. Many criminals turn the personal information to a cash cow by illegally collecting information and secondary developing and utilizing. Actually,the frequent incidents of current information leakage bring a lot of trouble to people’s life and production. The 7th Amendment of Criminal Law comes up, and sets up the crime of selling or illegally providing citizens’ personal information and the crime of illegal for citizens’ personal information, to cope with the deteriorating information leak. But the effect of the legislation is not very ideal. For better protection of citizens’ personal information by the criminal law, it is necessary to do a more in-depth research about the provisions of the 7th Amendment of Criminal Law.Besides preface and conclusion, the full text is divided into three parts. The first part is an overview of this paper, and mainly combs the concept and scope of citizens’ personal information, and analyzes the relation and distinction between personal information and privacy, and clearly define that personal information is the sum of all information which can identify an individual. Secondly, this part analyzes the content of the right of personal information of citizens. Finally, this part analyzes the necessity of the perfection of the criminal legislation of personal information of citizens. In the protection of criminal law, there are many deficiencies in the provisions. First, the expression of accusations is confused. In the crime of selling or illegally providing citizens’ personal information, "selling" and "illegally providing" are coordinate, but in fact, "illegally providing" shall include "selling". Second, the criterion of "severe case" is unclear. Due to the relevant judicial interpretations have not been issued, there are multiple understandings of "this crime is a severe case" in the current criminal law educational circles, but it lacks of systematic argumentation and analysis that what kind of theory is more objective, comprehensive and universally applicable, and needs further in-depth study. Third, the breadth of criminal law is too narrow. The targets of China’s criminal law provisions are currently limited to specific units and their staff, and the other units and ordinary people can’t constitute a crime of illegally providing citizens’ personal information.The second part is the concrete identification of citizens’ personal information crime. This part makes it clear that the subject of the crime of selling, illegal providing citizens’ personal information should be the units or their stuff which legitimately collect citizens’ personal information. In addition, we shall comply with the reform comments of the "9th Amendment Criminal Law", which modifies the expression of "the above information" in the crime of illegally acquiring citizens’ personal information to "citizens’ personal information ". Then, we can refer to the understanding of intrusion into others’ residence, and identify the acquisition behavior for others’ information which does not have justifications as "illegally acquiring". Finally, The paper involves the crime number of infringement of citizens’ personal information and accomplice problem. First of all, "phishing" behavior is often regulated by the relevant computer crime in the judicial practice, but the computer data is just a particular form of citizens’ personal information, which is stored in the network space, so when the regulation content and regulation form are in competition and cooperation, our priority selection should be the provisions which provide protection based on the content, namely the crime of illegally acquiring citizens’ personal information. Second, whether the information providers and downstream offenders constitute an accomplice is interpreted.The fourth part puts forward relief measures to protect personal information based on questions in the previous parts. First of all, the first crime should be changed to " revealing citizens’ personal information". Secondly, the criterion of "severe case" should be adjusted and refined, and the social harmfulness should be identified based on the traditional single case model and comprehensive considering of the multiple cases. Finally, improving the Fore-lying laws accordingly to build a strong barrier that protects the citizens’ information by a variety of ways.