Identification Of Criminal Behavior Of Violating Personal Information

With the rapid development of the information society,personal information has been given more commercial significance which exceeds its own value.Business interests,chain structure,industry disruption,lack of protection and other factors lead to more and more serious crime on violations of personal information,and there are also many difficulties on its protection.The criminal law protection of personal information is a new field of criminal law in our country.In 2009,Criminal Law Amendment(7)began the legislation process of protecting citizen's personal information.In Criminal Law Amendment(9)in 2015,the subject of crime has been modified,making the protection of personal information in criminal law focused by public once again.In the information society,the collection,transmission,and usage of personal information have formed into three chains,and there are various ways of crimes on violating personal information.In addition,the nuclear of violation is the criminal behavior,so author analyses the problem on identifying behaviors among them one by one.Meanwhile,he also explores new violations of personal information behavior which appears in information society.First of all,author believes that the analysis of personal information is based on the clear understanding of its scope.In the first part,author clarifies the scope of personal information,and clarifies the content of personal information in Chinese Criminal Law.According to the meaning of personal information in criminal law,the objects of this research are identified as in article 177,paragraph 2 and article 235 of the Criminal Law,then the author inducts and classifies the behavior of selling,buying,stealing,illegally acquiring,providing and illegally providing.This article adopts the method of deductive thinking,dividing crimes on violating the personal information into "transaction type","spying type" and "leak type" based on essence of the behaviors.Second,the "transaction type" of crime is the most common form of behavior that violates personal information,including the behavior of selling and buying.In this part,the author makes an analysis on the basis of the consideration and exchange object of the behavior of selling and buying.However,the behavior of buying is only listed in the legislation of crime on purchasing credit card information,and not is explicitly listed as a sale of the perpetrators in the crime on violation of citizens' personal information.In order to ensure the balance of punishment in criminal law,author holds the belief that the behavior of buying should be recognized as a form of illegally acquisition on crimes of violating citizens' personal information.Then,the "spying type" behavior refers to an act that has no right to know or knowing in an illegal way.This type of behavior contains acquisition behavior and illegal fetching behavior.The characteristics of personal information are special,although stealing is similar to the traditional theft,and there is a significant difference in the transfer of possession and theft of personal information carrier.Illegal acquisition behavior is the purse clause of the legislator,the author defines illegal acquisition in two aspects,that is,meaning of "illegal" and other acquisition behavior.However,the development of computer network makes the acquisition behavior no longer limited to the traditional sense of robbery,snatch,and fraud and so on;it appears some behaviors such as phishing,unauthorized network collection behavior,etc.At the end of this part,the author analyses whether these two new typical acquisition behavior belongs to illegal acquisition behavior or not.Finally,this article explores the identification of "leak type" behavior,which includes the act of providing,which amended in the Criminal Law(9)and illegally offering behavior in crime on illegally providing credit card information.Both are ways of providing and only differentiate in the legitimacy,which is distinguished at the time of identification.There are variety ways of providing,whether illegal spreading behavior and illegal use could be recognized as criminal behaviors and then put punishment on them or not would be discussed in this article.Meanwhile,the author analyzes the nature of the "human flesh search" and thinks that the essence of "human flesh search" should be regarded as a kind of this behavior.In addition,the illegal use of personal information can not be identified as violations of personal information criminal behavior because of differences on essence between it and providing behavior.