The Judicial Cognizance Of Criminal Violations Of Civil Personal Information

Personal information is a special social resources what has personality properties and property values.Although the collection and use of personal information has been exited for a long time,in the current information society,the wantonly hunting and spreading of personal information has caused great impact on the citizen’s personal and property safety and social stability.People’s Republic of China Criminal Law AmendmentDC redefines the crime of infringing on civil personal information,expands the subject of crime and distinguishes the sentencing.But because the judicial interpretation of many details were not clear,it brings some difficulties on the judicial determination.This text tries to analyze the crime of infringing on civil personal information from the perspective of judicial cognizance.The text is divided into five parts.This text first points out that the characteristic of the personal information is the recognition,and it’s subject can only be a natural person, not a corporation, and may not be dead.This text adopts compromise said in determining the scope of personal information,taking the citizen’s subjective will and social evaluation.The personal information may have different classifications.According to privacy or not,it can be divided into general personal information and sensitive personal information according to citizen’s status,the personal information can be divided into ordinary citizens’and the special group’s.The harmful behavior of the crime of infringing on civil personal information is the key point of judicial cognizance.In this paper, the behavior of all kinds of violations of the citizens’ personal information can be divided into two categories,that are the divulges harmful behaviors and access harmful behaviors.The divulges harmful behaviors include selling and providing,but illegal spread and use are not included.The access harmful behaviors include stealing and purchasing.The behavior of stealing can be all the non-violence behavior,but not only secret means.The subject of the crime of infringing on civil personal information has significant changes,expanded by a special body for the general subject,no longer limited public authority or public service staff.But if they sell or provide the personal information,which is obtained from their work,they be given a heavier punishment.Subjectively of the crime of infringing on civil personal information should be willful and not negligent. Because the protection of the interests is citizen’s personal information self-determination but not the claims of payment. Accordingly,the crime can not be profitable as a standard crime.The serious circumstances of this crime also has significant changes, this crime canceled for illegally obtaining personal information of citizens "serious cases" requirements, but only limit to sell, provide personal information behavior. On the determining position of "serious cases",this text advocates "serious cases" can only be objectively indicate the degree of infringement of legal interest. At the same time, this text makes analysis from three aspects, pointing out that the number of embodiment, the size of profits, the use of information and the material and spiritual losses are influential on the cognizance of "serious cases".