On The Crime Of Infringing Citizens' Personal Information

The transfer of information network era an unprecedented expansion of information explosion, the era of "big data" is full of our eyes, with the value of personal information to be recognized, personal information infringement incidents, protection of personal information has become more and more urgent, the criminal law amendment seven citizens personal information into the protection of criminal law, and criminal law amendment (nine) further changes determine the infringement of citizens’ personal information crime, this modification expanded the subject scope of the crime, the crime behavior extension means, make up for the lack of protection of personal information on the early show, the criminal law protection of criminal law on personal information of citizens, for the construction of a full range of personal information protection system lay the foundation. This article from the infringement of citizens’ personal information crime (hereinafter referred to as the crime) of the basic concept, through the comparison of Chinese and foreign scholars discuss different personal information, to clarify the definition of personal information, expounds the constitution of the crime and the judicial identification, combining with the current frequent on the crime in judicial practice and all sorts of doubts and disputes the harm of personal information, find out the shortcomings of stepwise analysis stage of the criminal law protection of personal information of citizens, referring to the advanced legislation of personal information protection in foreign countries, this paper discussed the judicial practice on the protection of personal information and the future introduction of detailed interpretation of the law has certain theory significance. This paper starts from the analysis of the concept of personal information, is the theory of the different definitions of the personal information analysis and comparison, the definition of the status quo of China obtained personal information, the personal information of citizens is related to a natural person, can according to the identification of the natural person and the facts and information. Analysis of the unique attributes of citizens’ personal information, to better distinguish between their personal privacy and the difference, this paper believes that personal privacy is included in the personal information, is a kind of personal information. Based on the definition and extension of personal information on the in-depth analysis of the crime, then only from the subject, object, subjective and objective aspects, "the relevant provisions of the state", "sell or offer", "stealing, illegal access and other key words in the thesis, specific analysis of the crime the infringement of legal interests. To analyze the recognition of this crime in the company have a clear outline of this crime, the crime of attempted, mainly from crime, common crime analysis, crime and other violations of personal information for comparative analysis. Finally extends the discussion of the current hot "human flesh search", the discrimination of human flesh search can enter the punishment, come to the "human flesh search" should not enter the punishment of the point of view.