Study On Issues About The Infringment Of Citizens' Personal Information Crime

With the progress of time,the information network technology has been improved,and information has become the synonymou of the level of science and technology.At the same time,the economic attributes of citizens' personal information are becoming more and more obvious.Information has covered all aspects of civic life,people enjoy the exchange of information to bring the efficient and efficient living at the same time,but also we often endure the information disclosure to bring the fullness of advertising,privacy violations and other issues.What's more,personal information disclosure can also cause fraud,theft,extortion and other crimes more accurate and concealment,it is extremely preventable,seriously endangering the safety of citizens,undermine the social harmony and stability.Since the introduction of the Criminal Law Amendment(VII)in 2009,the first time in the criminal law to strengthen the protection of personal information of citizens,the addition of "sale,illegal citizens to provide personal information" and "illegal access to personal information of citizens" two charges.With the deepening of theoretical discussion and judicial practice,the "Criminal Law Amendment(Nine)" promulgated in 2015 has canceled the crime of "illegally selling and illegally providing citizens 'personal information" and "illegally obtaining citizens' personal information" The crime of infringing upon the individual's personal information,and perfected the behavior subject,the way of behavior,the condition of the crime,the penalty setting and so on.Although the "Criminal Law Amendment(9)" on the protection of personal information more extensive and tight,however,the current criminal law there are still some personal information in the controversial,difficult to define the serious criteria and other issues,combined with China has not yet introduced personal information Protection of the law,civil law,administrative law on the protection of personal information is also relatively rough,making the criminal law on the protection of personal information alone difficult to judicial practice to bring a lot of operational difficulties.Therefore,this article through the specific case of China's personal information violations of citizens to analyze the crime,the existence of controversy in the case discussed,combing the relevant issues of academic point of view and put forward theirown views,hoping to strengthen my own legal thinking at the same time as make some contribution of criminal protection.This paper is divided into three parts:The first part is the violation of citizens' personal information case introduction and controversy.In recent years,China's personal information disclosure incidents have been endless,involving work,education,health care,employment,housing and other aspects of the individual personal information trading has been large-scale and industrialization trends,and triggered fraud,kidnapping and other downstream crime,information disclosure has become an unstable factor in society.In this part,the author first lists three typical cases in the trial practice,and introduces the controversial issues,and then makes a general introduction to the relationship between this crime and the downstream.The second part of the violation of citizens of personal information in the crime of the views.First,we discuss the relationship between "other behavior","illegal purpose" and "stealing behavior",and put forward that the determination of "other methods" and "illegal acquisition" should be combined with the subjective purpose;secondly,contrast the definition and definition of "personal information",and finally examine the relationship between the crime and the downstream crime,that the crime and the downstream crime to form a common crime or implicated relationship should be combined with the purpose and behavior of specific analysis.The third part is the violation of the citizen's personal information crime "serious" research.At firsy,this part combs and analyzes the main doctrine of the "serious plot" of the criminal law theory on the violation of the personal information crime of citizens.It should be determined by a combination of a single standard and an integrated standard.And according to the situation of judicial practice,from the behavior,the consequences of harm,illegal income,the amount involved in the proposed specific criteria.