Research On Criminal Liability Jurisprudence Of Selling And Illegally Providing Citizens With Personal Information

China's "Criminal Law Amendment(7)" has provided for the crime of selling or illegally providing personal information obtained while performing duties dating back to 2009.The latest amendment,"Amendment to Criminal Law(9)",came into effect in Nov.1st,2015.As we see,articles stipulating the crime at issue underwent modification regarding accusation,subject scope,and extent for measurement of punishment.While,lacking of unified concept and standard,as well as communique case or guide published by the Supreme Court leads to such large discretion of the judge that different,or even opposite verdicts in practice come out.The behavior of selling and illegally providing of personal information is divided into two sides,one of them is source sell,the other one is resell,this paper focus on the first behavior,and sorts out the criminal responsibility of selling and illegally providing personal information through case analysis,then concludes and summarizes the existing regulations and problems after carrying on research on them,aiming at providing practical guidance for discretion of the judge,and legal and practical basis on which high-level accuracy of conviction and sentencing of this crime can be guaranteed gradually.This paper,by analyzing 106 sample cases,studies the criminal liability characteristics of the conduct of selling and illegally providing personal information,including the cognizance of the crime,the weight of the sentence and the application of the probation,ect.More specifically,this paper concludes and summarizes legal basis,applicable standard and existing problems for purpose of exploring the rule of the judicial practice.Moreover,this paper is comprised of six parts.The first part gives an overview of current situation and external characteristics of 106 cases in aspects of time and areal distribution besides characteristics.The second part is about subject of liabilities,include natural person and corporation,then what vocations of crime often take place will be summarized.The third part is about formal liability for sale and illegally providing of personal information,namely the conviction.It can be easily seen,through analysis of criminal contents and accusation,that disunity exists in declaring one's guilty in that a number of courts have confusion in accusation,such as old or new,even sometimes this or that while facing different charges.An analysis of substantial liability for selling and illegally providing personal information will be conducted in the forth part,on rules,standards and problems in process of sentencing,including term of penalty,penal sum and relationship with relevant factors by chart.Then the mode of execution of the crime will be discussed in the fifth part.Whether the actual responsibility is effectively implemented is of great significance to the study of the responsibility of this act.This part will study the implementation of the responsibility through the application rate and standard of probation of this crime.Nature of complicated boundary behavior,such as obtaining information by takingadvantage of performing duties and sale after departure of information gained on-the-job,is distinguished in the sixth part in order to achieve higher accuracy of conviction.To draw a conclusion,suggestions will be given for determination of criminal liability and protection of personal information.