Citizens’ Personal Information Protection Of The Criminal Law Ought To Be The Path

With the rapid development of economy and the rapid progress in information technology, information has become an access to resources, the value of personal information, the buying and selling, access to personal information phenomenon common occurance, combined with our country has not yet been constructed complete personal information legal protection system. Faced with such situation, the criminal law amendment(7) to add one of article 253 of the sale or illegally provide citizens personal information crimes and the crime of illegal for citizens’ personal information, designed to protect citizens’ personal information security. Should see that the establishment of two crimes, the punishments for ACTS of infringement of citizens’ personal information to provide the basis, to make up for our country present stage due to lack of specific personal information protection and make such illegal behavior at large. Admittedly, judicial status and the legislative intent of the preceding this crime, cases of infringement of citizens’ personal information not only failed to reduce surge instead. In the face of endless crime means and mounting a large number of citizens’ personal information leak, criminal law amendment(9)article 17 the crimes of infringement of citizens’ personal information changes considerably and aimed at more effective against the sin, and highlights the strict criminal laws, strictly punish infringement of citizens’ personal information crime of criminal policy. Based on the interpretation of the relevant criminal legislation background and combing legislative approach, on the basis of the judicial referee as a starting point, concludes the characteristics of cases of infringement of citizens’ personal information, explore the criminal law amendment(9) significantly modified purport of this sin, clarify the judicial problems, combining the theory of criminal law parsing the components of the infringement of citizens’ personal information crime, trying to deal with real problems, to the judicial practice accurately properly handle such cases.This paper is divided into the following three chapters except the introduction:The first chapter: emphasis on infringement of citizens’ personal information crime legislation and the status quo. Personal information was leaked frequently, illegal use of the reality and the imperfect of the legal prepositive standard will infringe on their citizen’s personal information crime is criminal law into the regulation range of important reason. Criminal law amendment(7) for the first time to establish sale or illegally provide citizens’ personal information crimes and the crime of illegal for private citizens information two, however, the judicial status quo and attain the goal of this crime is far, the effect is not ideal of legislation, judicial and legislative and judicial legislation reversed transmission occurs, and the amendment of criminal law(9) crime of infringement of citizens’ personal information shall be revised, and briefly analyzes the amendment progress and is open to question.The second chapter: to investigate the infringement of citizens’ personal information crime behavior of "illegally obtained". First comb "illegally obtaining" academic opinion and the judicial cognizance of the status quo, then the behavior of "illegally obtaining" reinterpretation, finally respectively to "buy" and "receive" neutral access behavior were discussed. It is important to note that "illegally obtaining" includes not only illegal means such as stealing, intimidation, diddle, also includes purchasing, illegal behavior of the nature of information exchange, etc. If the offender will download personal information for the use of personal legal does not constitute this crime; On the other hand, if you download the information for commercial marketing, such as selling purposes, constitute this crime.The third chapter: focuses on infringement of citizens’ personal information standard of "serious" in the crime. Since the criminal law and judicial interpretation have not clear standard of "serious", it is necessary to unify standards to avoid sentencing the arbitrariness, reflect the predictability of the judicial referee. Integrated consideration information quantity, the amount of profit, loss of use, the victim information situation, fully draw lessons from academic point of view, the design standard of identifying a "serious" reference for practice, in order to help criterions for the conviction of the judicial practice.