Research On The Perfection Of Criminal Legislation For Citizens' Personal Information Protection

Personal information refers to the collection of personal data that has been processed and identifiable.It has a wide range of extension,both individual citizens of the family,property and other information,but also the identity of citizens,work and other information.The regulation method of personal information of citizens involved with the current laws and regulations in the personal rights,property rights,privacy and other related law,with independent protection value.China's civil law on the protection of personal information of citizens of the main provisions of the Civil Law(the General Principles of Civil Law to Civil Law and the protection of personal information related to the 110 th and sixth chapter of the civil liability of detailed provisions)and Tort Liability law.By February 28,2009 the Criminal Law Amendment(7)the provisions of the two kinds of infringement of citizens' personal information crime of selling,illegally providing personal information,for the first time in the field of criminal law regulations established specifically for personal information protection.The Criminal Law Amendment(9)passed in August 29,2015 the seventeenth article of Criminal Law Amendment(7)the relevant content of the supplement and improve,modify the infringement of citizens' personal information crime,subject of crime and sentencing standards,at the same time the objective behavior of newly added general provisions of infringement of citizens' personal information crime.To make up for the Criminal Law Amendment(7)to a certain extent,the lack of.However,at present our country about the personal information protection legislation in substantive law,there are provisions of crime is not comprehensive,the legal punishment is too narrow,and procedural law is the existence of a single model,the plaintiff sued the difficult problem.Learn from foreign countries experience,personal information of citizens in China's criminal legislation in substantive law,should be added,the provisions of crime legal punishment to be expanded;in the aspect of procedural law,deal with the prosecution to be extended and inverted the burden of proof.