The Study On Criminal Law Protection Of Personal Information Of Citizens

With the rapid development of information technology and the arrival of the"big data age",the utilization of citizens' personal information and the improvement of utilization efficiency have great advantages for the development of national political and economic development culture.However,in recent years,due to violations of citizens of personal information behavior is also common,small to harass the personal life,large enough to affect the order of society as a whole,the harm is very serious.Article 7 of the Criminal Law Amendment(VII)promulgated in 2009 for the first time will be sold,illegally provided and illegal access to personal information of citizens identified as a crime,to protect the personal information of citizens laid the foundation of criminal law.But because of its new charges,academics have just started their research,the relevant judicial interpretation is not comprehensive,in reality,the relevant cases are not many,so there are many difficult problems in the judicial practice.Article 17 of the Criminal Law Amendment(9),which came into effect on November 1,2015,strengthens the protection of personal information by expanding the scope of the subject of the offense and expanding the scope of the infringement of personal information.The degree of protection of personal information and the degree of protection.In the interpretation of a number of issues concerning the application of the law on the infringement of personal information in criminal cases,which came into effect on June 1,2017,although the more principled provisions are explained,the use of enumeration,classification and other methods to explain some of the fuzzy Definition,but there are still some of the content is not involved,it is worth in-depth thinking and analysis.Therefore,how to protect the personal information of citizens through criminal law is highly concerned.Although the new "Criminal Law Amendment(9)" has been further perfected on the basis of the "Criminal Law Amendment(7)" on the violation of citizens' personal information.The two high release of the judicial interpretation will also be some of the principles of specific norms.However,due to the late start of the awareness of information protection in China,the law is more fragmented,not a system,resulting in personal information for the criminal protection of criminal law is not strong enough,it is still necessary to carry out in-depth discussion of the relevant issues.However,there are still some controversies and shortcomings.The complexity of the current situation of the infringement of personal information crime and the complexity of personal information protection are still not enough to meet the needs of judicial practice.Therefore,this article combines the contents of the "Interpretation of Several Issues Concerning the Application of Law in the Criminal Case of Infringing Citizens' Personal Information",as well as the relevant provisions of the Criminal Law Amendment(VII)and the Criminal Law Amendment(9),and analyzes the criminal law.The relevant provisions of personal information,based on China's national conditions,with reference to the experience of other countries and regions,further proof of China's criminal law for personal information protection defects and make recommendations,with a view to future legislative research and judicial practice and some other benefits.In addition to the introduction,this paper is divided into four parts.The first part introduces the connotation of personal information of citizens,and shows the importance of criminal law protection for citizen's personal information in China,and introduces the principle of criminal law to protect citizens' personal information.The second part introduces the historical development process and experience of the protection of personal information of citizens in the United States,Germany and China.By analyzing the legislation of the United States,Germany and Macao,the author gives the protection of citizens' personal information.The third part is about the protection of personal information in our country's criminal law,and briefly analyzes the shortcomings of our country's personal information criminal protection.The fourth part is for the third part of the existing lack of one-to-one corresponding to the individual recommendations,hoping to guide the development and progress of the criminal law on the protection of citizens' personal information in the future.