Research On The Criminal Law Protection Of Citizens' Personal Information

With the progress of science and technology and the development of society,we are gradually into the information society,which means that the information value and economic value of citizens' personal information constantly increase.Citizens' personal information not only lays the foundation for exercising the power of the state by the government agencies,but also brings huge economic benefits to the enterprise.Therefore,we have to face the serious consequences that citizens' personal information is illegally infringed while enjoying the benefits from collecting,processing and utilizing personal information of citizens.At present,many enterprises and individuals collect personal information beyond the scope.More irritatingly,they do malicious transactions or randomly discard it.Hence,every day there are a large number of events that violate citizens' personal information.The frequent harassing phone calls,text messages and e-mail as a result of the violations of citizens' personal information seriously intrude on the private life,Moreover,the illegal and criminal acts such as the kidnapping,theft,fraud and extortion that are committed via utilizing illegal access to personal information happen now and then.This brings material damage and spiritual harm to the citizens,seriously violates the security of person and citizens' property and influences the order of social management.In recent years,in order to solve the problem on information disclosure,the legal protection of citizens' personal information has become a hot issue in the international society,and perfecting criminal legislation has been an urgent need to punish and prevent the crime that infringes personal information of citizens.For China,in 2005,our country promulgated the "Amendment to the Criminal Law(five)",which stipulates the crime against control of credit card.This is "a master hand's first small display" to protect the personal information of citizens;the "Amendment to the Criminal Law(seven)promulgated in 2009 stipulates the legal provisions on the protection of citizens' personal information for the first time.This is the first time that The concept of citizen's personal information formally enter the stage of criminal law protection.At the same time,there still exist many problems,which have sparked theoretical and academic debate and thinking;the new Amendment to the Criminal Law(nine)promulgated in 2015 perfects the relevant provisions concerning the crime of citizens' personal information,further clarifies the criminal subject,and expands the scope of the criminal object.To some extent,it compensates for the "Amendment to the Criminal Law(seven)",but there are still some problems on the provision of “the seriousness of the circumstance”,such as uncertain standard,imperfect way of prosecution,etc,which restricts the protection of citizen's personal information.This thesis will be divided into four parts,among which it takes the clear definition of the concept of citizens' personal information as an introduction to what follows,the evolution of criminal legislation protection of citizens' personal information as the line,combined with foreign stipulation concerning criminal law protection of the citizens' individual information,by aspects of the definition,the characteristics and legal protection of citizens' personal information,reflecting on the shortcomings of China's criminal legislation and exploring new ways of criminal law protection of our citizens' personal information.The specific content is as follows:The first part is the definition of citizens' personal information.The author first defines the concept of citizens' personal information from the connotation and scope.The citizen's personal information means that the citizen individual is the owner of the right.He or she can be able to carry on the autonomy control of this partial information with the personal data as the carrier.Through the master of partial information,it can accurately distinguish the specific citizen's information.Seen from specific content,it contains all aspects of information that are closely related to the citizens,such as the citizen's personal career,education,social relations,physical condition,marriage and family.Then,it analyzes the characteristics of citizens' personal information from four aspects: the subjectivity,identifiability,property and semi-openness and privacy of citizen's personal information.Among these,the main characteristics of citizens' personal information not only carry out different subject division,but also demonstrate that the personal information of the deceased should not become the main body of personal information and the foreigners' personal information is still protected by our law within a certain range.Finally,the thesis combs the relationship among personal information,personal privacy and personal data(material).The second part is the inspection of the criminal law protection of citizens' personal information.The author first expounds the basis of the criminal law protection of citizens' personal information,that is,citizens' personal information is important legal interest and the behavior that violates personal information of citizens does severe harm to the society.Then,it introduces the course of the criminal law protection of citizens' personal information in China,which is divided into three stages,including the provision of no specific protection for the personal information of citizens,clear stipulation of the crime that infringes citizens' individual information and the improvement of the criminal law protection for citizen's personal information.Finally,the author analyzes the practical problems of the criminal law protection of citizens' personal information in China which include the lack of prepositional legislation,the problems existing in the crime of infringing citizens' individual personal information,and not enough being done to the criminal law protection of citizen's personal information,combining with the content above and the real case on China Judgments Online.The third part is the introduction and evaluation of the criminal law protection of citizens' personal information in foreign countries.Firstly the author introduces the criminal law protection of personal information of citizens overseas,the definition of personal information in extraterritorial criminal law,and the stipulation of the criminal subject that infringes personal information of citizens.Then,it analyzes the present situation of the criminal law protection of extraterritorial citizens' personal information,including the diversification of the legislative pattern and the expanding of the protection scope.Last but not the least,the author discards the dross and keeps the finer part from the provisions of the criminal law protection of citizens' personal information in foreign countries and summarizes the enlightenment that criminal law protection of extraterritorial citizens' personal information gives to our country.This really provides guidelines for the legislation perfection of the criminal law protection of citizens' personal information.The fourth part is the legislation perfection of the crime that infringes citizen's personal information.In this part,the author mainly aims at question of reality raised in the second part,namely the criminal law protection of citizens' personal information in China,combines with the enlightenment of the extraterritorial countries on the criminal law protection of citizens' personal information in the third part and finally proposes for four sound suggestions about criminal law protection of citizens' personal information.That is to say,enact the prepositional law,perfect the crime of infringing citizens' personal information from the standard of "the seriousness of the circumstance" and reasonably establishing statutory sentence,add the crime of illegally utilizing citizens' personal information,as well as perfecting the way for prosecution of the crime that infringes citizens' personal information.