Research On The Legal Application Of The Crime Of Infringing Citizens' Personal Information

In the information age, information database containing the enormous commercial interests, criminals waiting in the wings, leakage of personal information of citizens are very hard to detect. "Criminal law amendment (seven)" and "criminal law amendment (nine)" to the infringement of citizens’ personal information behavior of criminal law regulation provides a strong basis for the judicial practice. Due to the lag of the law and the vagueness of the term of the law, the standard of the concrete application is different. I try proceeding from the situation of infringement, combined with a statistical 49 samples case, this crime in recognizing about "subject of crime", "the subject of crime", "law", "serious" and other aspects existing problems are discussed and summarized, in order to find the focus of controversy, finds the gap for reference. Through the analysis of criminal behavior, more accurate understanding of the legislative purpose of this crime.This paper consists of two parts:the introduction and the main body. The main body is divided into three chapters.The first chapter points out the serious violation of personal information of citizens in our country, and the new features of the crime of infringing upon the citizen’s personal information. Although the criminal law has been regulated by such behavior, but from the perspective of judicial practice, there is still a lot of differences in the application of this crime.The second chapter is divided into three parts, which is the core of this paper. In the first part, from the objective aspect, we put forward the deficiency of the pre law of information crime in our country, which is one of the reasons that lead to the difficulty of the judicial application. "Sale", "provide" and "illegally obtaining" behavior lack of corresponding judicial explain the cause of difficult to identify, "network navy", "human flesh search" is also a violation of personal information of citizens of a kind, should be included in the criminal law. In the second part, the subject of the crime of infringing upon the citizen’s personal information is subject to the practice requirement. The third part puts forward that the subjective aspect of this crime is intentional, the serious negligence should be punished in order to raise the duty of care to the serious consequences.The third chapter mainly studies the identification of the crime. First, starting from the crime and non crime, and points out that "serious" is the crime of conviction standard should not rely on a single constant quantization index, comprehensive consideration should be based the purpose of criminal law protection. Secondly, distinguish between this crime and other crime, to clarify the crime and theft, buy, illegal to provide credit card information crime direct similarities and differences, in the law of competing to take the "special law priority to the common law" principle. Behavior and violation of "bribery" and "the legal interests of non-state staff bribery", shall be from a heavy punishment. Behavior and violation of "bribery" and "non-state domestic staff taking bribes," should consider the occurrence of crime intentionally time for that.