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Criminal Law Protection Of Personal Information

Posted on:2017-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Q QuFull Text:PDF
GTID:2296330482489172Subject:Law
Abstract/Summary:PDF Full Text Request
The human society has entered the information age, whether to improve the efficiency of government and to construct social security system of the livelihood of people, or to buy train tickets and to book the hotel, people’s life has been different from the convenience of the information network system. However, things always have two sides, the spam messages and harassing phone calls make us unbearable, which seriously break the peace of our lives. In daily life, people’s personal privacy information is spread in many ways, even the criminals use it for extortion. In order to punish the occurrence of such crimes, the criminal law of our country has stipulated and perfected the personal information crime in two criminal law amendments. However, in the civil law and administrative law has not carried out specific regulation before the use of severe criminal penalties, which does not meet the status of the criminal law, the will lost its authority and dignity in the legal system. In addition, the basic concept of personal information is not clearly defined, and the research of the theory is difficult. So this article has to start with the concept of general sense, to clarify the meaning of personal information, and then to explore the legal significance, to clarify the object of the crime of personal information. Combining foreign legislation idea, theoretical basis of the personal information legislation research and practical needs, and identified the sources of personal information right. Contact our current personal information crime situation, Macau’s criminal law of personal information protection system has drew a lesson for us. Macao made the "personal data protection law" and the "Macao penal code" with the code and affiliated criminal law protection mode, and the separate criminal law "against computer crimes law", it spare no effort to protect citizens’ personal information. Macao also set up specialized institutions for the protection of personal data, provides a good remedy for the right of personal informationTo investigate the history and current situation of the criminal law protection of personal information in our country, we can see that our country’s criminal law protection of personal information started late, the legislation experience is less, and the legislative mode is not mature enough. The bottleneck of its existence can’t be ignored. There is no legal concept of the personal information, and the personal information of criminal behavior is too single. We should face these problems actively, learn from the legislative mode of Macao, and the regulation of personal information crime, level up the way of personal information legislation in mainland. Finally, combined with the status of our existing criminal law protection, and puts forward some strategies to improve the criminal law protection of personal information, in order to speed up the birth of the "personal information protection law", to establish a good convergence of criminal law and administrative law, we will establish a more rigorous and more scientific legal system of personal information protection.
Keywords/Search Tags:Personal Information, Criminal Law Protection, Macao Personal Data Protection Law, Personal Information Protection Law
PDF Full Text Request
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