Research On Illegally Obtaining Type Of Infringement Of Citizens’ Personal Information Crime

The arrival of information age not only brings fast, convenient and timely service but also threats personal information security. Once the citizens’ personal information is illegal used, it will cause great property loss to the victim, and even their personal health. Under the background of the Internet, how to realize the good protection of personal information has become the problem of the legislative and judicial practice. We can find an independent protection of citizens’ personal information is in criminal law amendment(7).At that time, citizens’ personal information as new crimes have appeared many problems in the aspect of law and judicial practice. Therefore, a lot of different results of judgment appear in the judicial application, which seriously affected the judicial impartiality. As a result, the criminal law amendment(9) did modify the crime: specifies a new charge and cancels the limitation of the subject and object. In order to make the study more targeted, the paper mainly study the behavior of illegally obtaining type of infringement of citizens’ personal information.The first chapter of this paper mainly studies the manifestation of illegally obtaining behavior, combining with the case that "steal" and "other way". The author denies "human flesh search" belongs to the scope of this crime. This chapter mainly focused on how to understand the "illegal", which is understood as a violation of the relevant provisions or a violation of others’ will. The author thinks that the opposite of "illegal" is legal, so take no legal basis can be derived from legal authority or consent to legality. In the second chapter of the thesis, the author mainly introduced on how to constitute the "serious case" from judgment standard to controversy in theory and practice. Then we can get the conclusion that the serious case should include the following elements: information quantity, use purposes, access times, behavior means, organization type body, serious consequences and the amount of profit. In the third chapter of thesis, the author mainly introduces the difference between this crime with other similar crimes, such as the violation of state secrets crime, stealing commercial secrets and so on. In the fourth chapter of the paper, the main research to the penalty problem.Under the age of the Internet information, the purpose of the author is to better understand the illegal for private citizens and to realize the private personal information more reasonable punishment.