The Discussion Of The Crime Of Violating The Citizens' Personal Information

From the criminal law amendment(5)and the criminal law amendment(7)to the recent criminal law amendment(9),the legislation development of the personal information crime has started from scratch and developed from a never perfect period to the relatively perfect period.We can know foreign countries have a quite perfect protection for the personal information from the study of the overseas personal information legislation development.The international organizations,such as the UN and the EU,they put a macroscopical and frame protection of the personal information;the common law countries such as the Britain and the US,they prefer a procedural and principled protection;and the civil law countries such as the Germany and the France,they pay a closer attention to the legislation aspect.We should make a key research of the components of the crime of violating the citizens' personal information,for it is a new revised accusation.For the object of this crime is compound,the research for the objective behavior should pay special attention to the deserved punishment of the correspondence offense,for example,the purchasing behavior;as to the subject of the crime,the limitation of the special identity has been discarded totally,that is to say,the “bail” in the criminal omission will never exist;in the subjective aspects of the crime,for it is the calculated crime,we should specially discuss the cognitive and consciousness factors of this crime and at the same time explain that this crime is not the purpose crime which means the purpose of the crime has no impact on the conviction.In the cognizance of this crime,this paper focuses on two problems: one is how to definite “gravity of the circumstances”,the essence of which is the legal interest violation and the standard can be learned from other articles of law;the other one is the quantity of the crime,we should take an attitude of “concurrence” and at the same time strictly limit the application of the implicate offender.The last part of this paper discusses the perfecting suggestions to this crime.Firstly,it puts forward some suggestions on the specific refinement of “gravity of the circumstances” which can be learned from other legal regulations in China;secondly,it gives the advice of perfecting the relative laws and regulations,including perfecting the anticipatory legal provisions and coordinating the legal regulation itself;thirdly,increasing the "illegal use of personal information of citizens of crime",in order to perfect the punishment loophole.