On The Crime Of Infringement Of Citizens' Personal Information And Its Perfection

In today's society,the rapid development of information technology makes the Internet penetration rate is greatly improved,although has been at a disadvantage in several times before the revolution of science and technology in the process,but after decades of spare no effort to catch up in the field of mobile Internet,China has made remarkable achievements,the whole Chinese society is leaping forward to the era of big data.In the current real life,regardless of life,work or study,the use of personal information on the frequency of their own citizens compared with a significant increase in the past.In the background of the deepening of social interaction,the convenience of the public management of personal information of citizens although can give the relevant government agencies,but also for some criminals illegal use of personal information provided an opportunity.I believe that most people often have this experience: mobile phone has always received some discount merchandise,real estate intermediary,credit card,insurance marketing and other similar services related to the content of the short message or telephone harassment,it be pestered beyond endurance.What's more,this has posed a potential threat to our security.In August 21,2016,18 year old Linyi Luozhuang girl Xu Yuyu because of a telephone fraud cheated 9900 yuan a year tuition family hard saved,at the end of the case on the way home,died of cardiac arrest.The incident triggered a huge social repercussions.Thus,how to protect the personal information of citizens through judicial means is more urgent and effective,and it becomes a difficult problem in front of judicial workers.In 2009,the Standing Committee of the National People's Congress promulgated the criminal law amendment(seven).The crime of infringing upon the personal information of citizens has been specially stipulated in the amendment."The crime of selling,illegally providing personal information of citizens" and "the crime of illegally obtaining personal information of citizens" were added to the 253 rd item as a new accusation.This has milepost sense correction,temporarily fill in our criminal law on the protection of personal information of the blank area,means for protection of personal information in criminal law in our country has a qualitative leap in the level of consciousness,finally catch up with the rapid development of market economy.In order to further strengthen the protection of the personalinformation of citizens,the amendment of criminal law(nine)adopted in 2015,which is of great significance to the determination of the infringement of personal information of citizens,is of great significance.However,there is not a special law to protect personal information in our country,which leads to some problems in judicial application.The front of the law has been in gestation,lagging behind and lack of judicial interpretation,resulting in judicial practice in our personal information of citizens,the connotation and extension of what is in violation of the relevant provisions of the state,identification of serious,illegal access to the identification,the problems such as the objective fact that there are many differences.The fragmentation of the awareness of the protection of personal information is divided into different parts,it is difficult to stand on a high degree of overall grasp of it.Therefore,in order to ensure the effective application of the crime of infringement of personal information in the judicial practice,it is necessary to further explore.This article is divided into five parts except introduction and acknowledgement:The first part describes the basic content of citizen's personal information.It can be divided into three parts: the definition of citizen's personal information,the definition of citizen's personal information and the analysis of related concepts.The first level of domestic related theories are introduced;second levels of personal information of citizens are defined based on the previous theoretical understanding;third levels of discriminating the citizens' personal information and personal privacy,personal data,personal data.In the second part,the author introduces the general situation of the legislation of personal information.Divided into two levels of domestic legislation and foreign legislative overview,first level mainly introduce the domestic personal information about citizens of the legislative history,the second levels of the main legislative situation in the United States,the European Union,Holland,China Taiwan,Macao area is described.The third part of the crime constitute the main elements of the study.It can be divided into four levels: the object of crime,the subject of crime,objective behavior,subjective fault,etc..The first level will be the object of the crime is divided into two parts,respectively from the disposal of the control rights and the state of the personal management order of two aspects of the introduction of the new object;second level features emerged from the type and subject of crime of the crime subject of the crime subject in the introduction;third levels of crime in the sale of behavior and behavior,and other acts of theft behavior were introduced;fourth levels of subjective of the crime are briefly stated.The fourth part of the crime of infringement of personal information of citizens identified difficulties.Divided into violation of the relevant provisions of the state,the illegal acquisition of the identification of serious circumstances identified,the specific number of identified four levels.The first level through the different understanding of violating the relevant provisions of the state were enumerated and analyzed,and then put forward their own understanding for this problem;second levels were enumerated different views on illegal access,and then presented their views and the reasons were discussed;third levels from the common classification of serious cases,theory for the different theories of the circumstances are serious,the judicial practice of the three aspects of the main points of the control are described;fourth aspects of cognizance of the amount of information in the practice were introduced,respectively introduces the practice that difficult reason and found ways to solve the difficulty.The fifth part of this part of the existence of defects and suggestions for improvement.This part is divided into two parts: the defects of the crime and the perfection of the crime.The first aspect mainly introduces some defects of this crime,from the second aspects of the front of the legal system,perfect the limitation of objective behavior,strengthen to hold personal information supervision,strengthen the interpretation of the work to ensure the operability of the provisions of the four aspects of the defects of the perfect proposal.