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Research On The Conduct Of The Crime Of Infringing Citizen's Personal Information

Posted on:2018-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:W L TangFull Text:PDF
GTID:2346330518486081Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the economy and the ever-changing information technology,information has become an indispensable resources.Among them,the commercial value and the economic value of personal information has also been greatly improved,which also led to endless phenomenon of buying and selling,even thieving personal information.Under this situation,the Amendment of Criminal Law(7)added the crime of selling and illegally providing personal information and illegally obtaining personal information of citizens,aiming at cracking down conduct towards personal information and providing criminal protection for citizens personal information.However,the judicial situation is not optimistic,the cases of infringing personal information have not only been effectively curbed,but doubled.As a result,punishment and crackdown to the violation of personal information crime is intensified in criminal law.The Amendment of Criminal Law(9)has made a substantial revision of this crime,highlighting the law of advancing with the times,expanding the scope of the subject,improving the setting of penalty,etc.Behavior of illegally obtaining personal information and selling,illegal providing personal information is regarded as the violation of personal information.However,the interpretation of certain infringing conduct is not specific in the above provisions,such as the ambiguity of "illegal" in illegal acquisition,the ambiguity of the way of acquisition and so on.It is because of the lack of a clear explanation for violation of citizens' personal information behavior in practice that there is no unified and clear criteria to judge it.Facing the current situation of violations of personal information,in order to better protect the personal information security of citizens,crack down on violations of information,there is the need of specifying and crystallizing all kinds of violation conduct.Based on the analysis of relevant cases and the summary of all kinds of violations,the author puts forward that the illegal access to citizens' personal information means that the individual obtains the personal information of the citizens in violation of the legal regulations,lack of qualification or legal basis.But "illegal access to citizens' personal information" does not include obtaining information through the public platform or other legitimate methods.The sale of personal information refers to providing personal information for others as a commodity for the purpose of profit and in violation of the consent of information owner but the purpose of making profit is not necessary.Providing personal information gratis indicates providing citizens' personal information for others through explicit or implicit way.In addition to behavior the existing criminal law regulates,the other illegal use of personal information has the same social harm,so they shall be punished accordingly.
Keywords/Search Tags:Crime of Illegal Access to Citizens' Personal Information, Infringement, Illegally obtain, provide, Illegally use
PDF Full Text Request
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