| Information age, the free flow of information, gives us great convenient, but at the same time because of interest, and for the infringement lack information restriction, citizens by repeated violations related to personal information, has made certain information subject property damage and personal injury. Was based on the behavior of the infringement of personal information in urgent need of the reality of legal norms, in 2009 by the criminal law amendment (7), groundbreaking add two crime of infringement of personal information. After years of judicial practice, and in 2015 passed the "criminal law amendment (9), the original sale or illegally provide citizens' personal information crimes and the crime of illegal for private citizens information two modifications for the infringement of citizens' personal information crime a crime. In expanding the scope of the crime subject, modify the crime of way, the criminal responsibility according to the seriousness to distinguish the size, etc., than the "criminal law amendment (7)" is the obvious progress. But in view of the current criminal infringement of personal information form the reality of diversified, it is still not enough to cope with the judicial practice need to modify. So this article combined with the change of the criminal law amendment (9), the analysis there was lack of the crime of infringement of personal information, further demonstrates perfect relevant criminal law protection Suggestions, in order to research on future legislation and judicial perfect some aspects such as benefits.This article except introduction and conclusion part, which is divided into five chapters.The first chapter is mainly about the overview of personal information. First introduced the related concept, legal characteristics and classification of personal information, at last discusses why should strengthen the personal information protection problem, namely, what is the theoretical basis of the personal information protection.In the second chapter is our country criminal law about the violation of personal information crime related specification. "The crime of infringement of citizens' personal information" according to the different classified discussion of criminal behavior. In addition also introduced the personal information of other related charges, and further analysis of the rules in the revision of the criminal law amendment (9) the new terms.The third chapter proposed the SINS of the criminal law about the infringement of personal information are still existing problems and shortcomings. Mainly includes five aspects, that is after the relevant legislation and judicial interpretation should be focused on.The fourth chapter mainly introduces the overseas criminal law relating to the personal information protection law. Comparative analysis of the Anglo-American law system and continental law system countries relevant legal provisions, present our experience in legislation for reference, on the basis of to formulate conforms to China's national conditions and reality criminal perfect Suggestions for the protection of personal information, etc.The fifth chapter is this article core chapter, mainly includes two aspects of the perfect Suggestions, one is about criminal legislation; Two is about criminal judicial interpretation, which is not easy to make in the criminal law regulation, can make clear judicial interpretation, etc. In the criminal law of other aspects, such as setting specific personal information protection law, setting up special organs of personal information protection and strengthen the personal information protection awareness and so on also puts forward some ideas. Because only from the relevant legislature set, individual consciousness to strengthen all-round consideration, can we truly to crack down on crime of infringement of personal information, personal information security can obtain the effective protection. |
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