The Study Of The Criteria Of Conviction Of The Invasion Of Civil Personal Information

The Information Age of Internet Plus brings the innovation to the scientific and technical productive forces and also the unprecedented threats.In order to cope with the increasingly serious violation of personal information,the <<Amendment 9 of Criminal Law>> was enacted and put into force,it emphatically solved many application problems and arguements in the judical practice of related regulations of the <<Amendment 7 of Criminal Law>>,an act conformed to the development tendency of the times,and highlighted the development view of the criminal law that keeping pace with the times.However,by the analysis of the cases in the juridical practices and the generalization and summarization of the practical operations,we can still find the deficiencies in the application of the criteria of conviction of invasion of civil personal information at present in China,which includes the unclear definition of "personal information",the disorder of definition of illegal obtaining and different criteria of gravity of the circumstance,which is also not good for the judicial authority to do effective judgment to the case of invasion of the civil personal information,and impedes the exertion of the criminal protection function for the personal information.Withal,the introduction of the judicial explanation emphatically solved the legal definition of "personal information" and identification criteria of “severe plot" and provided the basis for relevant judicial applicable standard.This article proposes optimal suggestions aimed to the related criteria of conviction on the basis of the investigation of the current situation of judicature and the study of theory that the definition of the object criteria personal information should firstly define its legal implication on the basis of the identifiablity of personal information and divide the rate of efficacy by recognition efficacy of different information to provide convenience for the definition of the judicial practice.The definiton of "other means" of "illegal obtaining with other means" should conduct on the basis of comprehension of "illegal obtaining".But for the comprehension of "illegal obtaining",it will be relatively reasonable to explain it as without illegal basis and permission of information user under the current situation of lacking related preparative law ".It will be comparatively reasonable that the " severe case "should be assessed under the overall framework of the " objective aspect,combining with the judicial explanation,it contins the quantity of information,the types of information which is conducted by the buyer for crime and any criminal or administrative punishment.But it is still worthy to discuss that whether the nature of the means of behavior and the profit amount shall be used as plot standard..