Research On Crime Of Infringing Personal Information Of Citizens

Crimes of infringing upon the citizen personal information is for citizens' personal information on the implementation of crime,generally including theft or other ways of illegally obtaining relevant information on the implementation of crime,according to the regulation of our country current law,standard was identified as required if the circumstances are serious crime.Citizens' personal information is relative to the citizens can open public information,and the identity of individual citizens or individual citizens can be related to locate specific information,can be a certain specific information also can is the sum of multiple information,can adopt the method of general records,can also be stored in special electronic equipment.Generally include can identify the citizens' identity information(id number,home address,home),and information related to citizen's property(bank card number,password,personal property,etc.),also including some can identify the citizenship behavior of specific information(personal travel arrangements,tracks rule).This crime subject of crime can be either a natural person can also be a unit,the nature is as long as it is to our country law of criminal responsibility age can become the subject of this crime crime unit must be independently bear legal responsibility subject;The object of the offence is defined as "citizen personal information",where "citizen" includes both foreigners in China and stateless persons and deceased persons.Its behavior includes three types: sell citizens' personal information to others or provide for others,individuals or organizations whose duties involve services sold at work for personal information or provide to others,take the way of illegal gain others' personal information such as three categories.Infringement of citizens' personal information to the conviction of sin standards,laws and regulations of "serious" include: the supreme people's court,the supreme people's procuratorate on handle criminal cases of infringement of citizens' personal information to explain some issues of applicable law article 5 and article 6 of the list of 15 kinds of main case,includes four main parts: namely,with reference to the consequences of information using the standard,on the basis of the amount of information,how much profit as standard as well as to the circumstances of the crime as standard.The crime of violating the personal information crime of the citizens includes: the abortive form,the suspension form and the common criminal form,in which the common criminal form also includes unit common crime and individual joint crime.Citizens' personal information in our country criminal law protection of the existing problems and countermeasures of the problems and deficiency include "for sale" and "provide" two kinds of behavior were not scientific,the current penal system is still imperfect,inadequate system for protection of citizens' personal information,etc.,countermeasures include: scientific standard of criminal behavior,improve the system of punishment,and to perfect the infringement of citizens' personal information system of crimes,etc.