Research On The Judicial Cognizance Of Crimes Against Citizens' Personal Information

Under the background of unprecedented information technology era,the infringement of citizens' personal information has shown a blowout.The concealment of this kind of crime,The unspecific nature of the object of aggression and the immeasurability of harmful consequences make these crimes has become an important problem that can not be ignored.The seventh amendment to the criminal law takes the personal information of the citizen as the object of the direct protection of the criminal law and provides a clear basis for the protection of personal information.The ninth amendment to the criminal law extends the scope of behavior and subject of crime of infringing citizen's personal information,making the criminal law's protection of personal information more comprehensive.Subsequently,The interpretation issued by the Supreme People's Procuratorate and the Supreme People's court provides specific standards for the identification of the crime of infringement of citizen's personal information.However,due to complexity of the infringement of citizens' personal information crime and the lack of related administrative legislation,judicial cognizance of the crime of infringement of citizens' personal information is still facing a series of problems.This article has carried on the research to the judicial affirmation of the crime of encroaching on the citizen's personal information through five parts.The first part of the article combs the status quo of personal information protection in Chinese criminal law.Through introducing the actuality of the crimes against citizens' personal information and the status quo of the criminal law,we will find it necessary and urgent to make clear the correct judicatory cognizance of the crime against citizens' personal information.Through the statistics and analysis of substantive judgments,it is found that there are some problems and difficult problems in the judicatory cognizance of the crime against citizens' personal information,including,the complexity of the object of action and the uncertainty of the standard of affirmation,the complexity of the way of behavior,disagreement on the relationship between the guilt and the number of guilty,the lack of identification on the unfinished form of crime,and so on.The second part firstly makes clear the definition of citizen's personal information,and on this basis,through analyzing the legal value of personal information and the legal interests protected by the crimes against citizens' personal information.This paper puts forward the factors that should be considered in determining the personal information of citizen in order to determine the personal information's range.The definition of personal information given in Article 1 of Interpretation conforms to the status quo of our country's legislation and judicature.However,in order to correctly interpret the meaning of "interpretation," we should not only exam the criteria for identifying personal information,But also consider the value of personal information and the legal benefits protected by the crimes against citizens' personal information from the regulatory purpose of criminal law.Only in this way can we correctly determine the scope of personal information protected by criminal law.In the third part,through the interpretation of the provisions of the Criminal Law,it is clear that the way to identify the behavior methods of the crimes against citizens' personal information.In the cognizance of behavioral methods,we should start from two aspects: interpreting the illegality of behavior and the way of explaining specific behaviors.And looking at the current status quo of relevant administrative legislation and judicial practice so as to seek appropriate and feasible ways of interpretation.In the fourth part,through analyzing the relationship of several kinds of crimes in judicial practice,starting from the theory of crime number and the provisions of the criminal law,the relationship between the crimes in different situations are discussed and researched respectively so that we can provide a consistent standards for the relationship between the crime against citizens' personal information and the offenses and counts of related offenses.In the fifth part,the author discusses the existence of the attempted form of the crime against citizens' personal information.Generally speaking is not rigorous enough to judge whether there is an attempted form or not.We should judge whether or not there is an unsuccessful form according to the specific conditions of the circumstances.And,considering with the ten cases stipulated in "Interpretation",the crime against citizens' personal information still has the possibility of setting up an attempted form.Therefore,the penalties for such acts should not be neglected in the judicial determination.