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Study On The Crime Of Personal Information Infringement

Posted on:2016-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:P LiuFull Text:PDF
GTID:2296330479987940Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Science and technology change rapidly shortens the distance between people, at the same time it increases the risk of personal information. In our life, violation of personal information emerge in an endless. In this case, the "criminal law amendment(seven)" set up the crime of sale, illegally providing personal information and the crime of illegally obtaining personal information. In recent years, violation of personal information crime has the characteristics of diversification, technicalization, in judicial practice the judgment of cases is very few, this is far from the purpose of legislation, and cause the infringement of citizens’ personal information are more serious. In order to effectively fight against the infringement of citizens’ personal information crime, in "criminal law amendment(Draft)"(nine), the infringement of citizens’ personal information is heavily modified. firstly, criminal subject will be the services provider who perform their duties; secondly, no the consent, selling or illegally providing personal information, if the circumstances are serious, it will be the criminal behavior.This paper is divided into the following four parts:The first part is the infringement and legal protection of personal information security. This paper analyzes the current situation of personal information security, at present, problem of personal information leakage has already become a malignant tumor, and make a harmful impact on the social public security. At the same time, leakage of personal information led people to subject the harassment, and provides convenience for other crimes, and even produce a threat to national security. Personal information protection of provisions are scattered in various laws and regulations, so the scope of protection and protection form are imperfection. At present, China’s protection of personal information mainly are stipulated in civil and administrative, and they have some limitations.The second part, the judicial identification of the infringement of personal information crime. In judicial practice, the crime of "personal information", "serious" and "illegal" identification problem is fuzzy, this has seriously affected the judicial application of this crime. the identification of "personal information" is mainly to judge whether it has the identification; for identification of "serious", it is necessary to judge standard of serious situation, and also take into account the comprehensive standard of whole case elements; the "illegal" should be judged by using the method of criminal presumption.The third part is the identification about some special behavior. The criminal law of our country stipulates the infringement of citizens’ personal information crime is limited, and more and more people think the "human flesh search" and the mobile phone positioning behavior should be taken into the punishment. This paper thinks that except the illegal use of personal information, others do not have the necessary to be punished.The fourth part is the analysis and improvement of criminal protection of personal information. Legislation questions of infringement of personal information crime mainly include: the criminal subject and criminal object is too narrow, the concept of personal information is fuzzy, "serious" standard is not clear, and the penalty is not perfect; based on the above problems, and combined with judicial practice, this paper puts forward some suggestions: reasonable determination of the subject of crime, definition of the "citizen personal information" and "serious", and state agencies and services shall be given a heavier punishment.
Keywords/Search Tags:Infringement, Information, Crime
PDF Full Text Request
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