Research On Crimes Of Infringing On Citizens' Personal Information

Citizen's personal information not only involves the protection of individual rights,but also involves social stability and security.With the development of digital technology,the commercial value of citizens' personal information is increasing.At the same time,for the purpose of business,illegal acquisition,illegal sale,illegal provision of personal information and infringement of citizens' rights are increasingly serious.In order to effectively protect citizens' personal information rights,the Criminal Law Amendment(VII)added the crime of selling,illegally providing citizens' personal information,and illegally obtaining citizens' personal information.Afterwards,the “Criminal Law Amendment(9)”amended the Criminal Law(VII)The two additional crimes were merged to incriminate citizens' personal information.The “personal information”protected by the crime of infringing on personal information of citizens should be information that individuals do not want to be known to outsiders,has nothing to do with the public interest and is worth protecting under criminal law,and appropriately expands the scope of protection of personal information,not just the name.,identity document number,communication and contact information,address,account password,property status,whereabouts trajectory and other "identity" nature of the information.As for the legal attributes of citizens' personalinformation,theoretically there are many doctrines such as privacy rights,personality rights,ownership,etc.They respectively believe that citizens' personal information belongs to citizens' right to privacy,personality,and ownership.The above doctrines are only from civil law.Perspective analysis.The legal attributes of personal information in the crime of infringement of citizens' personal information should consider the significance of criminal law.The protection of citizens' personal information in the sense of criminal law must be based on the Constitution's protection of the basic rights of citizens.It embodies the requirements of the country's constitutional “National Respect and Safeguard Human Rights.”The criminal law stipulates that the crime of infringing on citizens' personal information is to protect citizens' constitutional rights such as personal dignity and citizen's personality freedom,which is not limited to the protection of citizens.Privacy rights,personality rights,etc.,and the legal interests of the crime of infringing on citizens' personal information should be defined in terms of the dignity of citizens and the individual freedom of citizens.The “serious circumstances” in the crime of infringing on citizen's personal information is a conviction.In assessing whether the crime is “serious”,it is necessary to consider the two criteria of “quality” and “quantity”.Specifically,it should consider whether the consequences are serious or bad;Or whetherthere is a large number of sales information;whether the amount of profit is large and the actual loss suffered by the victim,the number of times of implementation,etc.As the crime of infringement of citizens' personal information is overly principled,it is not easy to grasp in judicial practice.Although the Supreme Court made a judicial interpretation,the statutory penalties are still inadequate.In order to better protect personal information rights from being infringed,it is appropriate to do so.The legal punishment should be allocated scientifically and the limitless fines system should be changed to a limited fine.