Research On Judicial Difficulties In Infringement Of Citizens' Personal Information

The personal information of citizens in the continuous development of society,highlighted the great economic value.With the progress of science and technology,it is becoming more and more easy to collect and obtain personal information of citizens,and the personal information of citizens has suffered serious violations,and the protection of the personal information of the criminal law is of great value.The amendment to the criminal law enacted in November 2015 "(nine)" made a major revision of the infringement of citizens' personal information crime,is of great significance in this revision,it increased the criminal law protection,personal information of citizens,but it still exists in the application to other illegal ways to steal personal information,the definition of "serious" identification and processing of cross law crime.This paper takes the "criminal law amendment(nine)" major revision of the infringement of citizens' personal information crime as the background,the judicial problems of this crime,and analysis of the solutions of these problems,realizing the effect of criminal law protection of personal information of citizens,in order to let it be better.In addition to the preamble,there are six parts in this paper.The first part is an introduction to the legal protection of personal information.First,it describes the serious phenomenon of personal information of citizens are infringed;secondly,analyzed the constitution,administrative law,civil law of our country to protect the personal information of citizens and inadequate;then,it analyzes the necessity of criminal law protection of personal information,based on the analysis of the necessity of criminal law protection of personal information,put forward appropriate protection of criminal law personal information;finally,the "criminal law amendment(nine)" after the implementation of the crime of infringement of citizens' personal information protection regulations were analyzed,and then analyzes the "criminal law amendment(nine)" modified progress.The second part is about the definition of personal information.First of all,it puts forward the concept of personal information of citizens understand twoquestions: one is the definition of "citizen",two is "the definition of personal information";secondly,through comparative analysis,summed up the connotation of personal information;then,analyze the legal attribute of personal information,related to personal information of citizens the thesis clarifies the concepts;finally,analysis of the personal information of citizens in criminal law path and method.The third part is about the understanding of "violation of relevant state regulations".First of all,is the "violation of the relevant provisions of the state"dispute "proposed,secondly,to analyze the relevant provisions of the state in violation of controversial views;then,analysis of" connotation in violation of the relevant provisions of the state ",and analyzes the problems of the crime of illegal.The fourth part is about the cognizance of the crime behavior.First of all,analyze on the sale,and other methods to provide theft,illegal access to personal information of citizens behavior;secondly,analysis of the behavior of the concurrence of this crime;finally,analysis of the crime is attempted and accomplice.The fifth part is the analysis of the criterion of the seriousness of the crime.First,it put forward the "serious" standard understanding of the dispute;secondly,it analysis of the crime of "serious" identified point of view;finally,it specific analysis of the crime of "serious" set the standard,through the case analysis can analyze the crime more intuitive judicial,this part is combined with a typical case,to find if the circumstances are serious ".The sixth part deals with the handling of trans disciplinary offense.First of all,is the cross law crime problem;secondly,the crime committed to deal with the problem of cross law classification analysis;finally,the method is to solve the problem of the cross made,the author agrees to the behavior of people in general circumstances and legal understanding of cross law crime cognizance.