The Criminal Law Protection Research On Civil Protection Of Personal Information

Since the 20 th century,one big reason is to promote the development of human rapid spread and utilization of information.Seems to be overnight,the ability to obtain and use information has become the key to win in the market competiton.Otherwise,speed of information spread has also become a scale of social and economic development.After entering the information society,the citizens require personal information protection increasingly strong.However,personal information protection laws often can’t keep up with the change of the current situation,and the law of protecting personal information did not appear.Such a open,new,developed in the era of information technology,because of the lack of relevant legal safeguard, the phenomenon of citizens’ personal information infringed is increasingly serious.In order to combat the crime of infringement of citizens’ personal information,<Criminal law amendment(7)> issue the crime of selling,illegally providing personal information and the crime of illegally obtaining personal information,which strengthen the criminal law of citizens’ personal information in china.It is important to the protection of citizens’ personal information.Although <Criminal law amendment(7)> established the comprehensive protection of citizens’ personal information legislation spirit,how to correctly apply the law is remaining controversial.And related theory still has spare to improve.For example,how to scope the citizens’ personal information,how to scope the main body of infringement of citizens’ personal information.Thus,for legal application of confusion,and in combination with some new type in pratice,I will put forward my views and dissusses for benefitting the judicial practice need.The thesis is divided into four parts,mainly including:The first chapter is the to research scope of citizens’ personal information.First, this part introduce the basic theories of scope of citizens’ personal information,including the definition of “citizen”,the characteristics of the personal information and legal attribute and the definition of the scope of citizens’ personal information.Thus,in view of the practice in recent years,I will discuss about the special information whether to belong to the scope of criminal law,including the dead information,company information and cell phone information.Last,I analyze the scope of the information in the two charges are consistent in the <criminal law amendment(7)>.The second chapter analyze the main body of the infringement of citizens’ personal information.The main body is damage behavior of perpetrators but also the criminal responsibility undertaker.It is important for us to understand the main body.First,I analyze the current circumstance about the main body of infringement of citizens’ personal information,including the source of the basic subjects,and reflected characteristics of main body staus.We can find that crime is more complicated,more closely.Second,I analyze the provisions of personal information crime subject in criminal law.The main body involves the unit and its staff,staff who leaving the state organs and so on.The third chapter research the criminal behavior of the infringement of citizens’ personal information.This part is the focus of my thesis.First,based on the provisions of the criminal law itself,I study the criminal behavior of selling,illegally providing personal information and llegally obtaining personal information.Through the understanding and grasp,I think it will benefit for solving the difficulties in judicial practice as well as laiding a theoretical foundation for the next section.Second,I research the new type crime in current pracyice,including phishing behavior and identity theft.I will analyze and summarize the two kinds of illegal behavior in the process of recognizing crime about crime and not crime,this crime and crime.The fourth chapter analyze the serious circumstances of personal information crime.<Criminal law amendment(7)> add two provisions of information crime,which provides legal protection for the information security of the citizens.However,lacking of supporting the provisons of the judicial interpretation,serious circumstances as the one of the elements of this kind of crime constitution has not form a unified understanding.This part first describes and discusses the criterion differences of serious circumstances in current judicial practice.Then I elaborate the criterion of serious circumstances should be taken to the choice of a single standard mode and comprehensive standard mode.Last,I provide specific settings on relating standards.