Research On Judicial Cognizance Problems About Infringement Of Citizens' Personal Information Crime

In August,2015,the “criminal law amendment(9)” were formally promulgated.The crime of infringement of citizens' personal information was made further correction,which made the constitutive requirements of crime perfect.However,there is no certain criterion how to apply the law regulations,such as what is the "citizens' personal information",the specific behavior and decide how to constitute a "serious" standard,then these will affect the judicial practice work.In this paper,I use jurisprudence,criminal jurisprudence,philosophy,criminology and other related disciplines theory to have a research on he crime of infringement of citizens' personal information about the rigorous concept,theoretical analysis,value analysis,case analysis and other research methods,based on the legislative intent.After a brief summary to the crime in judicial application process possible problems for a thorough theoretical analysis,and on the basis of the judicial application problems of feasible solution is proposed.The first chapter is the basic content of the crime,and it is the core problem I study in this paper.The first section describes the current situation and characteristics of the infringement;The second section is about the current situation of the crime in criminal law,and the "criminal law amendment(9)" the relevant revisions,was reviewed.In the third quarter,on the basis of case analysis,put forward the core issues,namely the citizens' personal information in the current judicial practice sin in the applicable process related issues,including citizens' personal information,the cognizance of this crime is way,if the circumstances are serious.The second chapter is about the scope of "personal information" is defined.The first section introduces the concept of "citizens' personal information" disputes,including international "privacy" and "recognition",domestic "general" and "narrow";Points out the "citizens' personal information" in the second quarter scope defines the focus of controversy,and put forward their own views and demonstrate its rationality;The third section puts forward the connotation of the "citizens' personal information" in the criminal law should have.The third chapter is about the way of interpretation and the analysis of issues.The first section is to provide citizens personal information about selling,illegal crime,the definition of the behavior of one for the cognizance of "leak","the illegal use of" launched analysis;The second section is about theft and other illegal ways for citizens' personal information on the cognizance of the patterns of behavior analysis.The third chapter is about "serious" analysis of the judgment factors and standards of the dispute.The first section summarizes the theory and practice about the cognizance of "serious" related disputes;In the second quarter in the first quarter for relevant disputes are analyzed on the basis of;The third quarter,"serious" principle and the standard.