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

The rapid development of internet advanced technology,the emergence of some negative effects,the use of various information technology to violate the citizens' personal information illegal activities are endless,the governm ent's responsibility and obligation of citizen information protection has becom e more and more prominent.In daily lif e,spam messages,mail,and the prom otion of teleph one calls,which serio usly affect people's lives,because personal information disclosure victims of fraud,kidnapping,rape,killing,fraud after suicide,and other s erious cases continue to occur.In recent y ears,the extension of personal information has been expanding with the c ontinuous popularization of comm unication and internet technology.Based on the existing resear ch results,this study proposes that crim inal law should be used as the m ain means to protect personal information of citizens,to improve the cost of personal information crimes against citizens,to increase punishment,and to build a citizen personal information protection mechanism backed by criminal law.This research takes citizen p ersonal information protection as the research ob ject,launches the elaboration from five aspects.The first part,from the perspective of law theory to interpret citizen personal information,in the subject of criminal law,illegal access of citizen person al information means infringement of the privacy of citizens.The author believes that in the field of law,information is the ability to be perceived and dominated,can meet the production and life needs of the description.The main body of the citizen persona l information is the natural person,the citizen personal information has the recognition and the objectivity.The second part,the importance of crim inal law protection of personal information protection of citizens is reflected in the needs of the development of information society,to make up f or the shortc omings of existing pro tection measures,the a dvantages of citizen personal information criminal law protection.T he author believes that the use of crim inal means to protect personal inform ation,not on ly to regulate the exercise of personal information,but also to punish violations of pe rsonal information.But for the present reality,the situation of citizen personal information protection is serious,and there are m any hidden dangers.The third part,combined with the relevant provisions of our criminal law,discusses the current criminal law on the lack of citizen in formation protection,mainly reflected: defined crime behavior way too lim ited,system cohesion and im perfect system,related subsidiary criminal law imperfect.The author believ es that ther e are still m any imperfections in the connection of other subsidiary crim inal law with the criminal law,and the subordinate criminal law infringing upon the citizen's personal information needs to be further improved.The fourth part,investigation and reference to the legisla tive provisions and crim inal penalties of citizens' personal information protection,to compare and draw lessons from the successful legislative experience of America,Germany,Japan,EU and other countries or regions.The author holds that,when the citizen personal inf ormation is violated,the citizen has the right to ask for compensation to th e court according to law.The su pervision mechanism and the ex istence of d amage compensation mechanism can be prevented in advance,and can be com pensated ex post,and cooperate with the relevant laws to complement each other.The fifth part,improve the concrete measures of the criminal law protection of personal information,including clear personal inform ation object and information scope,detailed behavior way and plot regulation,perfect the connection between adm inistrative responsibility and criminal responsibility system.The author be lieves that the establishm ent of personal information protection law,the most important or criminal protection of criminal law,although also inseparable from the adm inistrative protection of administrative law and civil protection of civil law.The personal information protection law gives the in formation subject corresponding rights,which is the m ost powerful and essential protection to personal information.The subject of information subject to assert its own right cannot be premised on the infringement of the rights of others.At the sam e time,the law can impose a comprehensive relief and com pensation on th e infringed infor mation subject by imposing criminal liability on the infringer.