Study On The Crime Of Infringing Citizens' Personal Information

According to the different legal departments,our country's legislation on the protection of citizens' personal information is divided into criminal law protection and general protection.The criminal legislation for the protection of personal information is a gradual process.The main features of the criminal legislation are the progressive expansion of the subject of crime and the increasingly broad range of objects of protection.The standards for conviction and sentencing are increasingly clear and operability is becoming stronger.Since the Criminal Law Amendment No.9 of 2015 established the crime of infringement of personal information of citizens,the discussion of this crime has never stopped in the academic and judicial practice.In May 2017,the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Concerning the Application of Law in Criminal Cases of Infringement of Citizens'Personal Information." Many issues of this crime have been explained,but there are still some problems,such as personal information.There are problems with the range of personal information,the nature of the rights is not clear,the scope of "citizens" and the specific crime constitution criteria for such crimes need further discussion.These issues are the main content of this article will be discussed.By reading books and journals scholarly,learning scholars' viewpoints and combining their own thinking,I first define the scope of personal information.I agree with the definition of"information" for personal information.Its definition of personal information scope is not only identifiable but also identifiable.The essence of sex includes the content of personal privacy and has the characteristic of extensibility.Judging from the rights attributes,the right of personal information should be a new type of mixed right,which includes both the personality right and the property right.Based on the crime constitution theory,I analyze the crime from the crime object,specific behavior,subject and subjective aspects,and judicial determination.For criminal targets,I focus on the meaning of "citizens" and believes that the personal information of foreigners and stateless persons should be protected by China's criminal law and personal information of the deceased should not be protected by criminal law.I further believe that the personal information protected by this crime should be real personal information.For the specific crimes of this crime,the author mainly discusses the provisions of the "Criminal 9" and the"Interpretation",including "violation of relevant state regulations","selling or providing,stealing or illegally obtaining" and "serious circumstances" and "plots".Particularly serious" and so on.The content of this part is mainly based on the provisions in the "interpretation".I believe that the inclusion of departmental regulations into the scope of "national regulations" violates the principle of "legal and legal punishment of crimes" to a certain extent;"interpretation" is"seriously serious" and "the circumstances are particularly serious." My stipulation is more sympathetic.These rules clarified the basis for conviction and sentencing based on different standards and have strong operability.In the last part of this article,I discuss the hot issues in the judicial determination of this crime.For the crime form of this crime,I think there is no attempted crime in this crime.In terms of subjective faults,from the perspective of the interpretation theory,strict compliance with crimes and statutory negligence can not constitute the crime,but from the perspective of legislation,I think that negligence can constitute the crime.For the issue of joint crimes,I mainly discuss the conviction and sentencing of the general subject and the special subject,and the special subject differs in sentencing depending on the behavior.Finally,from the perspective of the relationship between this crime and his sin,I expounded the author's understanding of the issue of the procedural law,the imaginary co-opetition and the implicated offender in this crime.