Research On Legislative Issues Of The Crime Of Infringing Citizen's Personal Information

In the Internet era,the connection among people,asset and social environment is connected by myriad fixed or mobile terminals.The personal information with the characteristics of exclusive domination flow continually in the world of binary code day and night.The flowing personal information contains name,posture gender age,marital status even food preference,sleeping habit etc.The personal information with personality attribute is the specification of the subject of social information.The connotation and denotation of personal information is broader which are different from personal privacy,personal data and personal information.Its manifestation and existing way is more diversiform.Because of its two kinds of attribute with personality and property right,the interest behind it makes behavior of infringing personal information grow with each passing day.I really want to ask who does never receive the fraud call or advertisement? The infringement of personal information not only disturbs ordinary life of people but also may further endanger personal safety and property security.So to speak,the behavior of infringing personal information present independence of violation of legal rights more and more.Lots of countries,region and international organization all realize the urgency and necessity to protect personal information from being infringed worldwide.Thus there are a lot of distinctive and different focuses laws in the field of protecting personal information.The United States issued Privacy Act,established five principle of protecting personal information and legislated for identity theft in emphasis.Germany passed Federal Data Protection Act,and the protection scope is wide.UK set up information commissioner office in order to ensure Data Protection Act to be implemented.Asian countries and region also use separate rules or direct provision of penal code to regulate behavior of infringing personal information.In the international trend of protecting personal information and based on the reality of situation,China regulated the behavior of infringing citizen personal information by means of Criminal Law Amendment and judicial interpretation.The Criminal Law Amendment(7)passed in 2009 specially stipulated the crime of infringing personal information firstly.The Criminal Law Amendment(9)passed in 2015 not only modified to the crime of infringing citizen's personal information simply and directly but also extended the body scope of applicable crime on the basis of Criminal Law Amendment(7),added a aggravated punishment,and modified several detail,such as added the “break national regulation”,modified “above information” to “citizen personal information”.In May 2017,“the interpretation of several questions on applicable law in criminal cases of infringing citizen's personal information” was published by the Supreme People's Court and the Supreme People's Procuratorate.It identified both the connotation and denotation of the concept such as “personal information” and the relevant standard of “serious offence” and “extremely serious offence” etc.Yet “personal information protection law” hadn't been published in China with the result that the prepositive law of criminal legislation is absence and there still exists several nonnegligible practical problem and theoretical controversy over the stipulation and judicial interpretation of the behavior of the crime of infringing the personal information.So urgently further to study and give the solution.By clearing the concept and legal attribute of personal information,learning extraterritorial legislative experience and discussing the content requirements of criminal legislation of infringing citizen personal information in China,for preferably realizing the protection of personal information under criminal law in China,advised that: to perfect pre-legislation of personal information;to delimit protection scope of personal information reasonably;to bring the illegal using into criminal law scope;to add the sin of negligence;to perfect prosecution relief mechanism;to set up specialized institution to protect personal information.