The Identification Of Citizens' Personal Information In The Crime Of Infringing Citizens' Personal Information

In the Internet plus era,the importance of personal information of citizens is self-evident,it use penetration in people's life and work in all aspects,to the people's work and life,the government's management and operation of enterprises has brought a great extent convenient,but personal information is being used reasonably at the same time,also the illegal access to information of citizens for illegal and criminal activities of the event,from the infringement of citizens' personal information in recent years was the explosive growth of the case,the protection of citizens' personal information without delay.However in China since2009 is completed in the case of criminal law "(seven)" was established in the protection of citizens' personal one of 253 rd After the information in terms of the only amendment in the new criminal law "(nine)" for the provisions have some modifications,to expand the scope of the subject of the crime,increase the legal punishment.If the circumstances are especially serious "situation,but did not mention how to carry out the accurate identification of the keywords" individual citizens the information in the law and the relevant documents,and finds that the lack of key words and in the judicial practice of judges caused great confusion,even the judgments of similar cases result gap is large.In order to avoid the above situation continues,China's urgent need in the legislative orjudicial interpretation of the level on the personal information The type and severity of the crime should be clearly defined,in order to facilitate the judicial legality ",solve the real problem of this kind of cases.This article mainly launches from the cognizance of the crime of" personal information "discussion.This paper is divided into five parts,the first part of the criminal law of our citizens' personal information that the status quo,including law changes,confusion in judicial practice and the theory of the existing controversy.The second part introduces the protection mode and the category of foreign criminal law on personal information.Through the two genealogies of law countries such as the United States,Britain,Germany,Japan and other places of the legislative situation of understanding and summary,come to our country in the protection of personal information and identification needs to learn the content.To accurately identify the difficulties and key personal information in the criminal law of the third part of the analysis,in the theoretical controversy summed up the best "legal concept" and in Department of The demonstration after the introduction of judicial interpretation clearly.In the fourth part,clear personal information necessary attribute in the judicial practice,the information can be identified,included in the value of the criminal law protection,objectivity and authenticity of the information content.The fifth part is the summary of this paper,thecriminal law protection of personal information in China should be in the legislative and judicial explain the aspects for further improvement,it can really make people understand the law,law-abiding,let the judicial organ according to the law,proper discretion.I think,whether it is from the theory or the judicial practice,how to determine the infringement of citizens' personal information crime will need to practice as a reference to the first element,the existing domestic and foreign laws and regulations and the results of the theoretical research of integration and reference,to fill the gaps in China's criminal legislation,the judges have a clear cognition in the application of the law,to review and summarize the reasonable information through trial scientific ways,applicable in judicial practice and constantly enrich and perfect this law,truly legal protection of personal information of citizens are not violated.