Qualitative Research That Infringes On Another Person's Daily Activity Information Behavior

Since the advent of the Internet, the human life has been greatly changed. The Internet has not only changed the way of life, but also changed the way of storing and exchanging information. This change makes the information in today's society has become very important. Behind the personal information not only carries the information value, but also can bring huge economic benefits. Reasonable collection and use of personal information by government organs is conducive to the stable development of social order; the rational use of personal information, more able to create a huge economic value. However, everything has two sides. The development of science and technology makes the collection and use of personal information is very convenient, at the same time, the leakage of personal information is much easier than ever. In view of the huge economic interests behind personal information, many enterprises are malignant to collect personal information, and through illegal ways to use personal information to obtain economic benefits. This kind of behavior not only causes the disorder of social order, but also causes the citizen individual life to suffer the destruction. Because of personal information being leaked, citizens can be a variety of personal information harassment at any time. What is more, the object may become criminals. Therefore, the protection of personal information security, it is quite important. This paper from the case of Lee,Luo a violation of personal information of citizens as the breakthrough point, for the problems appeared in the judicial practice and theory of criminal law relating to the protection of personal information of citizens of analysis and, in order to get practical and effective measures to protect personal information of citizens.In addition to the introduction, this paper consists of four parts, a total of more than 20000 words.Its structure is as follows:The first part is mainly on the introduction of the case. The introduction, including the cause of the disagreement, the focus of controversy. By sorting out of the case, it is concluded that Lee,Luo a violation of personal information of citizens case the main focus of the dispute is: "official car travel daily activities" whether to belong to the personal information of citizens, "illegal means to obtain" the definition, the judicial practice of "serious" definition.The second part is the analysis of legal issues related to the case. Clear the meaning of criminal law of personal information concept, characteristics, legal attributes and distinguish the relevant similar concepts. In the judicial practice and criminal justice theory there is no uniform standard of "illegal access" and "serious" were summarized, extracted for standard case after the judgment and common theory.The third part is the analysis and conclusion of this case. First of all, through the analysis and observation for personal information, personal privacy and personal information, the legal attribute of personal information, the concept of. I think Lee, Luo illegal access to personal information of others daily whereabouts qualitatively belongs to the criminal law to protect the. Secondly, through the criminal law regarding interpretation of the way the crime of personal information infringement, advocated Lee,Luo a use illegal means(i.e., recorder, telescopes, cameras, locator, dense film and other equipment) access to personal information of citizens, conforms to our country criminal law about the crime of infringement of citizens' personal information behavior characteristics. Finally, Lee, Luo get others daily whereabouts long time normal life, with serious circumstances in judicial practice a standard of sentencing. In summary, Lee, Luo constitute the infringement of citizens' personal information crime.The fourth part is the research on the implications of this case. At present, the personal information protection problems, puts forward some countermeasures to improve the citizens' personal information, so as to protect the personal information of citizens better.