| The rapid development of science and technology accelerates the process of information,which brings convenience to people and at the same time brings great risks to citizens' personal information.In practice,personal information is deceitfully obtained and illegally used by others.The security of Citizen's personal information is often threatened.In recent years,citizen's personal information security has become a hot issue.In order to crack down on the violation of citizens' personal information and protect the security of citizens' personal information,there is China's Criminal Law Amendment(IX)".It has further addressed the criminal violations that violate the security of citizens' personal information,and has made more standardized legislative terms,expanded the scope of the subject of the crime and made a corresponding distinction between the criminal circumstances and the plot of the crime.It is an important measure to strengthen the criminal law for protection of citizens' personal information.However,the soundness of any law is not achieved overnight.After two years,the judicial interpretation of this crime finally appeared to the public,applying the unified law the judicial organs accurately convicted the victim.Severe punishment according to law and effective prevention of personal information crimes against citizens has great significance,but also for the academic community to study this crime laid a foundation.The citizen's personal information is the logical starting point of this crime research,and its accurate definition is the foundation of the whole research.In 2017,the judicial interpretation published by the two High levels defined "citizen's personal information" as " all kinds of information recorded in electronic or other way,which can be identified alone or combined with other information to identify a natural person or reflect the activity of a particular natural person”.On the basis of summarizing previous theories and practical experience,the author thinks thatpersonal information in criminal jurisprudence has unique characteristics such as natural person,recognition and objectivity.The understanding of the personal information of citizens also relates to the personal information of foreigners,stateless persons and the deceased who have been disputed in the civil and administrative law field.According to the usual international provisions,foreigners and stateless persons should be included in the information subject of the crime;the information of the deceased is no longer protected by criminal law,but the personal information related to the living person should be properly protected in accordance to the serious consequences.The identification of the crime of infringement of personal information of citizens is not only a difficult problem,but also a key point.In the objective aspect of this crime,the author considers the meaning of "sale" and "provision" and the relationship between them,the illegality of the means of "stealing" or "illegal acquisition by other means",the violation of the will of the information subject and the harmful result,respectively.This article also discusses the subjective aspect of the crime.It is considered that this crime is not a crime of purpose,and the subjective aspect can be both deliberate and indirect.Only the negligence crime is less subjective than the intentional crime,and the corresponding penalty should be lighter.Therefore,we must be more strict and careful about the violation of citizen's personal information behavior.Since most violations of citizens' personal information are essentially prepared for the assignment of other offences,the violation of citizens' personal information is not in itself objective.It often results in other criminal acts in the process,and how this situation is characterized.In the face of the complexity of a number of acts are punished by one crime or the combination of several crimes and the recognition of this crime has important guiding significance to the judicial practice. |
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