Research On Several Problems Of The Crime Of Infringement Of Citizens' Personal Information

With the development of network and technology,the citizens' personal information have often been obtained and utilized by others or units.The security Citizen's personal information security is often threatened.In order to combat the wanton infringement of citizens' personal information behavior,protect citizens' personal information security,C hina's "criminal law amendment(nine)" revised the crime of infringement of personal information security,and expanded the subject of crime,and make legislative terms strictly,and distinguish the circumstances crime in different administrative levels.It is a great progress to improve the protection of our citizens' personal information.However,the perfection of the legal system and the establishment of the legal system have never been accomplished overnight.After two years,the criminal interpretation of the applicable criminal case of criminal cases has finally appeared in front of people,as if the last veil of the crime,revealing its charm.The judicial interpretation of a total of thirteen,mainly related to the range of personal information,identification of infringement of citizens' personal information behavior,"the conviction and sentencing standards and punishment rules" and the circumstances are espec ially serious "strict".It is of great significance for the court and the procuratorate to determine the crime accurately,to avoid the application of the law,to punish and to prevent the violation of the personal information of citizens,and to provide valuable material for the study of this crime.According to the new judicial interpretation,the scope of personal information includes identification information and activity information.The unified and essential nature of the information is identity,inc luding identification alone or in combination with other information.This paper summarizes the theory and practical experience that citizenship information and citizenship and activities are closely linked,must be identified.Identity is demonstrated through specific individual identities and specific individual activities.The combination of the two points is the key to determine the scope of the personal information,otherwise there will be no need for protection nor ability to be protected.And such information that is not relevant to identity information and activity information is almost non-existent.This kind of recognition characteristic of the citizen's personal information makes the personal information have the remarkable personality right attribute.The attribute of property right is another part of the value of commercial society to give personal information which root in the big data era of great using and processing of information.Foreigners and stateless people's personal information,acco rding to the international regulations should be the main body of information usually belong to the crime,but the dead person due to destroy its power is generally believed that should not be the protection of criminal law.This judicial interpretation de fines individual information as natural person's information,and is also a kind of explicit protection to the living natural person information.The infringement of personal information of citizens is a difficult problem,but it is also very important.Recognize the objective elements of this crime like selling,providing,stealing and other illegal behavior should not confined to the literal meaning but identify from the contact the difference between selling and providing and consider the different sides such us the illegal means,violation of subjectivity and damage degree.It is necessary to establish the "serious" as the essential elements of the crime.The discussion of the "serious" standard has been a long and heated debate,scholars mainly explore the possible ways from the single level and multi-level single level or multi-level mode mixed.According to the judicial interpretation and judicial practice in C hina,the author thinks that the seriousness of the case should take account of the number of personal information and the number of personal or property damage caused by it.The crime of infringing personal information of citizens is often regarded as the upstream crime of fraud,extortion and other crimes.Therefore,the use of individual informatio n of citizens to commit crimes should be one of the content of serious matters.Therefore,after a comparative and analysis,the plot of serious use of single-level and multi-level mixed mode is more scientific and reasonable at this stage.The judicial interpretation of the infringing information from the type and quantity,the amount of illegal income,information purposes,the main identity,and behavioral subjective vicious five aspects identified "serious" conviction criteria The circumstances of "the circumstances are particularly serious" are defined from two levels: one is the serious consequences level,another is the amount of the standard level.It is also proved that the standard of single-level and multi-level mixing is a feasible model.It is the key to apply the principle of law accurately when the overlap of articles of law on this crime and the crime of insult,Crime of stealing,buying and illegally providing credit card information stealing,and Crime of illegally obtaining data of computer information system.Analyzing on the differences and relations of this crime and the crime of infringement of citizens' personal information,and making a distinction between crime and non crime,this crime and other crimes have practical significance to affirm the infringement of citizens' personal information crime.