A Study On The Criminal Law Protection Of Personal Information

Along with the development of the information age, the value of citizens’ personal information is highlighted, the infringement is very seriously, even lead to more extreme crime, so the protection of personal information becomes very urgent. Enacted the criminal law amendment,for the first time made a regulation to the infringement of personal information in criminal law, provides two crimes about personal information. However, due to the lack of law and the amendment has some deficiency, there is many difficulties in the judicial practice. To this end, the author use the related law knowledge and combined with its own law practice, through comprehensive use of empirical analysis, value analysis, comparative analysis and other research methods to study.Through analysis the existing problems and the foreign experience of personal information protection,to make the suggestions to perfect our criminal law protection of the personal information.All will be divided into four parts, the first part is define the concept of personal information and the right attribute. A clear definition of the concept of personal information is the foundation. Define the concept should be used the point of recognition, and right of personal information is a kind of new rights both property attributes and personality attributes.The second part is analysis the situation of law protection and existing problem.At present, the problems existing in the law protection including lack of front of law, object of crime is not clear, criminal behavior regulation is too narrow, the penalty is not scientific.The third part introduce the foreign legislative experience of criminal law protection.Including Germany, the United States, Britain and Japan, the main experience including set up perfect legal protection of citizens’ personal information system, to define the concept of personal information, etc.The fourth part puts forward some measures to improve the law protection.Throught combine with foreign advanced legislation experience, on the basis of the problems of our country, puts forward some suggestions, including enacted the law front of the criminal law protection,improve the essence of personal information crime,provide a scientific and reasonable legal punishment.