Judicial Determination Of The Crime Of Infringing Citizens' Personal Information

Due to the continuous development of the Internet, economic society is moving forward. At the same time, the leakage of citizens' personal information will induce more downstream of the crime. Therefore, Amendments to Criminal Law(?) stipulated "the crime of selling, illegally providing personal information" and "the crime of illegally obtaining personal information" for the first time. And citizens' personal information is protected in criminal law for the first time. However, it is confusing for the judges when they hear cases of citizens'personal information in judicial practice. The two crimes were amended by Amendments to Criminal Law (IX). It expanded the crime subject and made the objective elements of crime clearer, etc. Two crimes were made combine into a crime by the judicial interpretation ----the crime of infringing citizens' personal information.But,it is also confusing that the judges hear the cases of citizens' personal information after the modification of the crime of infringing citizens' personal information in the judicial practice, such as the scope of object of crime, the behavior way, the standard of" severe circumstances",the problem of crime quantity forms,a joint crime problem,etc.This article consists of three chapters, and I will put forward my own views through analyzing the cases, inducting and summarizing the views of the scholars, and researching my own views. I hope I could give some suggestions to make the crime of infringing citizens' personal information better applied in the judicial practice.The first chapter describes the current situation of legislation about the crime of infringing citizens' personal information, then evaluates and analyzes the crime of infringing citizens' personal information on Amendments to Criminal Law (?).Finally, I want to find the difficulties about the judicial cognizance due to the legislative causes.The second chapter mainly analyzes the 200 judgments (as of November 2016,Amendments to Criminal Law (?) after the referee as "the crime of infringing citizens' personal information " judgments), and summarizes the composition elements that the courts take cognizance of, including the scope about object of crime of infringing citizens' personal information, the cognizance of the behavior way,the standard of"severe circumstances", the problem of crime quantity forms and a joint crime problem. I also found that the courts have some differences on the cognizance of the crime, and the judicial cognizance of disunity will cause the result that "Same Crime,Different Sentence" at some level.The third chapter compares the cognizance to the crime of infringing citizens'personal information in practice and theory, and I found their differences. Then I mainly summarize the views of theoretical circle about each element of the crime of infringing of citizens' personal information on the problems that exist in the judicial practice. In the theoretical circle, it is very important for the application of judicial practice to identify the various elements of the crime of infringing citizens' personal information. At last, I will give my own judicial cognizance standard through studying and analyzing, including the scope about object of crime of infringing citizens'personal information, the cognizance of the behavior way, the standard of" severe circumstances",the problem of crime quantity forms and a joint crime problem. I hope my own judicial cognizance standard can be used for reference to this crime's apply.