The Research On The Crime Of Infringing Civil Personal Information

There are defects on the criminal legislation of infringing personal information in our country,such as the unclear "sever case", the limitation of crime object, the narrow criminal target, the limitation of behavioral pattern and so on.Because of these defects,the judicial practice is not very desirable and incapable to effectively ensure the security of personal information and realize the balance between the free flow of information and the protection of personal information.To solve these problems,this article attempts to use present situation of our country’s criminal legislation as the breakthrough point to analyze the debates on the constitutive elements of this crime, and propose perfecting suggestions on criminal legislation about it by the way of studying the criminal legislative experience of protecting civil personal information in the countries outside the region.The whole article is mainly divided into four chapters.The first chapter,starting with the definition,characteristics and classification of the crime of infringing civil personal information,exposits and analyzes the theoretical problems of this kind of crime and redefines the concept of it to lay the foundation for later part.The second chapter focuses on academic arguments relating to this kind of crime, trying to clarify the specific contents of the constitutive elements of this crime, in order to solve the problems existing in the current judicial application of this crime and help analyzing the legislative defects of this kind of crime.The third chapter analyzes the criminal protection of personal information in the typical countries outside the region by comparing their similarities and differences to gain enlightenment for perfecting the legislation of the crime of infringing civil personal information in our country.The fourth chapter,on the basis of previous chapters, summarizes the criminal legislative defects on this kind of crime in our country, and proposes suggestions about building the system of these crime and expanding the scope of protection by the way of reference lawmaking experience outside the region.