Research On The Crime Of Infringing Upon The Personal Information Of Citizens

With the development of modern society,the information technology develops at a high speed.It needs that citizens’ personal information business is growing and citizens use the personal information increasingly.As a result,the phenomenon of the infringement of citizens’ personal information increase prominently.So protecting citizens’ personal information has been involved in social stability.In 2015,"criminal law amendment(nine)" expands the subject and object of the crime of infringing upon the personal information of citizens,which is beneficial to the criminal investigation.But there are still some problems in the definition of the concept of citizen’s personal information,the serious circumstances and the relevant provisions of the state.It shows that the connection between legislation and judicial practice is not enough.This article starts from the subjects of crime is a regular;the special subject is the government agency or the staff who work in education 、medical treatment 、postal service,and the staff who operate or engage in the service industry in courier firm 、 intermediary company 、 insurance company,belongs to circumstances of heavier punishment.The target of crime is the personal information of citizens,it refers to that can identify citizenship and has protective value,the citizen should have protection conciousness subjectively and information is valued to protect;it’s contents should include the information of public character s 、 the information of foreigners and stateless persons,it can’t include information of the dead.its act of perpetrating is assault,and its pattern of manifestation is selling 、illegal provision 、usurp and other ways of illegal access,the premise of infringement is violating relevant state regulations.If the action of this crime will get to the gravity of the circumstances,it should be identified with frequency、amount 、measure、quota and the result of damages.The form of overlap is this crime with concealing、 destroying mail、concealing,telegraph crime and crimes of impeding management of credit card,A variety of forms,Competition results implicated made from a hard place,have imagined concurrence convicted and punished according to the heavier crime,there are also two sin the combined punishment.Believe that from the different angle to the infringement of citizens’ personal information crime comprehensive identification research,not only it can improve the legislation of criminal law,safeguard the authority,to provide theoretical suggestions for workers,but also it can help the judicial workers to settle a lawsuit,decide a case and the right conviction and sentencing.