Crime Of Infringing Upon The Personal Information Of Citizens

With the advent of the era of information and the rising prosperity of market economy, the value of citizens’ personal information constantly emerge. At the same time, the phenomenon is increasingly serious, citizens’ personal information has been violated and endanger scope expansion and the trend of harm results worse.Information about individual citizens on criminal law legislation mainly, "criminal law amendment(7)" in 2009 and 2015 of the criminal law amendment(9). The criminal law amendment(7) to include the behavior of the infringement of citizens’ personal information in the scope of criminal law. According to more than ten years of experience in the judicial practice, "criminal law amendment(9) in expanding the scope of the subject, the modified clear legal terms, but there are still some controversy and the insufficiency. there is still a problem, and draw lessons from foreign experience, the perfection of legislation, criminal system corresponding Suggestions. This paper is divided into five parts, a total of five chapters.The first part is the first chapter of this article, an introduction. Preface part is mainly introduced in this paper, the writing background, research significance and research status at home and abroad.The second part of chapter 2 of this article, mainly related problems of the crime of infringement of citizens’ personal information. Mainly includes two parts: one is the basic problem of citizens’ personal information, concept, characteristics of citizens’ personal information and other related issues; The concept of citizens’ personal information is analyzed from the theory and judicial practice, it is concluded that citizens personal information including citizens’ personal exclusive information and relating to the citizens’ personal privacy information. Citizens’ personal information refers to individually or in combination with other information, you can identify specific natural person or is a common feature of a natural person, including citizen’s name, age, effective certificate number, marital status, work,education, history, home address and telephone number to identify individual citizens or relating to the citizens’ personal privacy information. Second, crime of infringement ofcitizens’ personal information of the historical development and competition and related crimes. To infringe on their citizen’s personal information to the history of the development is mainly the "criminal law amendment(7)" and "criminal law amendment(nine) rules.The third part to the third chapter of this article, mainly for the recent changes of "criminal law amendment(nine) discussing and crime of infringement of citizens’ personal information.And the progress of the modifications the analysis on the modified still exist deficiencies,which leads to below, through draw lessons from foreign experience and our country to enlightenment.The fourth part is the fourth chapter of this article, mainly through the criminal legislation of foreign experience of intentional experience in legislation in our country. This article mainly analyzes the continental law system and Anglo-American law system more representative countries, Germany, Japan, Denmark, the United States and Britain. To get related enlightenment: uniform legislation mode; Leaks, illegal use of behavior approach and supplemented the prosecution to prosecution relief model.The fifth part is the fifth chapter of this article. Through the above still existing problems and the foreign experience of enlightenment, is suitable for our country legislation Suggestions are obtained. First, improve the leading legal process, take a special data protection laws, and completes the cohesion between the laws and regulations. Again,perfecting the concrete in the judicial interpretation if the circumstances are serious the judgment standard, determine the amount of fine punishment. Finally, to perfect the related system of criminal investigation. Mainly established is given priority to with public prosecution, private prosecution is complementary relief way and the system of distribution of onus probandi inversion of burden of proof.The last part is epilogue, this article is summary of above overview.