Research On The Problems Of Judicial Determination Of The Crime Of Infringing Upon Citizens' Personal Information

Personal information is a kind of special resources with both personality and property value. With the development of today's society, more and more crimes are committed to the personal information of citizens. This kind of widespread crime phenomenon has brought the enormous harm to the citizen's life, the spirit, the property and the social stability. Although China's newly issued "criminal law amendment (nine)" added the crime of infringing upon the personal information of citizens, the citizen's right to information has been protected. But its elements are relatively vague, and relevant judicial interpretations of the many details are not clear. This brings some difficulties to the judicial practice. This article from the perspective of judicial identification,combined with the practice in the case of the crime of infringement of personal information. In this paper: firstly, the concept of "personal information" is of great significance that, secondly, finally grasp the criteria for identification of "serious circumstances" will be better, and harmful acts of infringement of citizens' personal information crime is the focus and difficulty of judicial confirmation.First of all, this article will be divided into two types of violations of the personal information of citizens. Among them, it will be divided into two types of acts of damage to the sale of the disclosure and provide more acts, and that the provision of acts can not include illegal distribution, illegal use. The acquisition of harmful acts mainly include stealing and buying these two acts. Secondly, the "violation of the relevant provisions of the state is defined, the author believes that the following two aspects: first, grasp the regulations should be strictly in accordance with the provisions of the criminal law"ninety-sixth "to" the relevant provisions of the state to limit, second, "in violation of the relevant provisions of the state must be clearly defined as the premise. Again, the"serious" decision has made the following analysis,the author believes that in the"serious" determine the position, should be combined with the theory of different points of view, pointed out that the behavior of times and profits, the consequences are serious that will affect the. Finally, the author suggests that in order to better implement the criminal law, the personal information protection law should be introduced as soon as possible, and improve the vacancy of the law and regulations. To protect citizens'personal information to provide better and comprehensive protection.