On The Constitutive Elements Of The Crime Of Infringing Upon Citizen's Personal Information

2015 "Criminal Law Amendment(ix)" amend the relevant provisions of the protection of personal information of citizens,will be sold,the crime of illegally providing personal information of citizens and illegal access to information about individual citizens the crime of two crimes merged into violations of personal information of citizens crime a crime,a violation of Citizen's personal information crime in the crime subject,behavior and other specific provisions to improve and improve the expansion of the personal information of the scope of protection,is conducive to the gradual formation of personal information criminal protection system.But with the development of the information society,violations of citizens' personal information behavior diversified trend,coupled with the relevant judicial interpretation has not yet been introduced,crimes against individual citizens information still exists much controversy and confusion in the judicial application.I form the basis of four elements theory of crime,combined with extra-territorial study on legislation protection of personal information,the constituent elements of infringement of citizens' personal information crime in a more systematic and in-depth analysis,with a view to this crime to fully and effectively in Judicial Application The protection of citizens to provide personal information reference.The full text is divided into five chapters:The first chapter,an overview of legislation violated the personal information of citizens crime,introduces the relevant provisions of the law on the Protection of Personal Information,and reviewed the development process of infringement of citizens' personal information into the crime of criminal law;and Germany,the United States of personal information legislation to inspect,to improve our criminal law provides a reference to the protection of personal information.In the second chapter,the object of the crime of infringing on the personal information of the citizen,the view that the property attribute of the personal information is the subject matter of the personality attribute derived from the development of the information society can not become the criminal object of the crime,and the personal information right And the definition and scope of the citizens in the crime object,the definition of personal information and the legal attributes,as well as the scope of the disputed criminal object.Chapter 3 focuses on the objective aspects of the crime of infringing on the individual information of citizens.This chapter focuses on how to understand the "prejudice to the relevant provisions of the state" to clarify the scope of the pre-law of this crime;and then examine the way of this crime,Controversial behavior,such as illegal use,illegal disclosure and so on;and the "serious" criteria for the argument that the serious criteria for the determination of a single standard and the overall consideration should be combined,and strive to ensure the stability of the crime under the premise,To improve the flexibility of judicial application.In the fourth chapter,the main body of the crime of infringing on the personal information of citizens,this chapter through the crime of the subject of the controversial issues to clarify the crime "to fulfill their duties or provide services," the scope of the main body of natural persons and the scope of the main body.In the fifth chapter,the subjective aspect of the crime of infringing on the personal information of citizens,this chapter mainly discusses the subjective controversy,whether this crime can include indirect intentional acts and negligent behavior,and that the subjective aspect should be regarded as the serious judgment standard.