The Research On Protection Of Personal Information In Criminal Law Of China

With the development of economy,the information network is becoming more and more convenient,the violation of personal information crime has become more and more diverse,there is a certain gap in the protection of personal information legislation in China.For different subjects in present criminal law,criminal procedure law and the personal information protection have scattered legislation,but has not yet formed a complete system,still lack a prerequisite for the match the criminal law.This paper using the comparative analysis and literature analysis and other methods,emphatically discusses the criminal law in our country has the necessity and feasibility of personal information protection,so as to perfect.Besides preface and conclusion,this paper includes three parts.The first part,a brief introduction to the concept of personal information,and connecting with the privacy,right of government information,personal information,such as comprehensive comparison,lay a foundation for the study of personal information protection.The second part,to foreign criminal legislation of personal information protection is analyzed,combining with our country criminal law do contrast,and combined with typical cases,the relevant legislation at home and abroad were reviewed and evaluation,through the analysis of the characteristics and types of personal information crime,summarizes the deficiency of legislation in our country,such as the supporting laws are not sound,and the crime of violating personal information is not perfect,etc.On the basis of this,the paper points out that such as the broad intervention of the criminal law,the diversified legislation model,the expansion of the protection scope,etc.The third part,aiming at the personal information protection in China in the second part of the shortcomings of the legislation,respectively,puts forward the improvement of the criminal,civil and administrative protection advice,for example,it is clear to define the personal information of the criminal law,to improve the existing crime and to increase criminal penalties,we will promote the protection of thecriminal law by The Protection of Personal Information Act,administrative law and criminal procedural law,and promote the diversification of personal information protection.