Criminal Law Regulation Of The Behavior Of Infringement Of Citizens' Personal Information

With the widespread popularization and application of Internet technology,the daily life of citizens also has a close relationship with the Internet,and a large amount of citizens' personal information is applied to the Internet,citizens' personal information is increasingly becoming a social resource with both personal attributes and property attributes.Although the collection and use of citizens' personal information can be traced back to the feudal era in our country,in today's society,the perpetrators illegally collect personal information of citizens and illegally use them in order to obtain corresponding rewards or economic benefits.Moreover,due to the illegal use of personal information,it is easy to cause the occurrence of other crimes associated with it,which seriously threatens the personal safety and property safety of the citizens and further affects the social harmony and stability.Therefore,People's Republic of China Criminal Law Amendment 9 ultimately regulates violations of citizens' personal information in accordance with the"crimes on the infringement of citizens'personal information." The subsequent judicial interpretations provide corresponding explanations and explanations for this crime.However,the legislative activities for the protection of personal information of citizens in our country started relatively late.The relevant laws and regulations are relatively scattered,and a complete legal protection system has not yet been formed.There are still some problems in judicial practice.This article conducts a detailed analysis of the crime of infringement of citizens' personal information,and then proceeds to discuss the study in five aspects.The first part of this article focuses on the basic theory of citizen's personal information,in order to clarify the concept and lay a foundational role.First of all,the concept of citizen's personal information is explained in detail.It is believed that "citizens"should include foreigners,stateless persons,etc.At the same time,the personal information of citizens should have obvious characteristics of identification;secondly,the attributes of citizens' personal information should be carried out.A detailed explanation is that citizens'personal information should be a new type of rights for personality and property attributes.Finally,the concepts related to personal information are clarified,laying a solid foundation for studying other issues of citizens' personal information.This article uses the method of comparative study and expands on the discussion of the second part.This article selects the typical countries of the Dalu and Anglo-American legal systems,and conducts in-depth comparative studies on violations of citizens'personal information from the point of view of legislative models and existing laws,with a view to drawing on foreign advanced legislative techniques in order to invade citizens in China.The legal provisions for the crime of personal information were perfected to promote the legislative progress in our country.The research on the constitution of crimes is conducive to judicial workers identifying specific charges and facilitating the more effective regulation of illegal activities.Therefore,it is of great significance to study the composition of crimes.This paper adopts the traditional four-paradigm model and incorporates the latest judicial interpretations.It conducts an in-depth analysis of the crime of infringing on citizens'personal information,and makes the composition and determination of the crimes of infringing citizens' personal information more clear,thus contributing to judicial practice.The fourth part of this article starts from the judicial determination point of view,carefully identifies and analyzes crimes that are closely related to the crime of infringement of citizens' personal information,such as insulting crimes,infringements of commercial secrets,and so on.Through this in-depth study,it is easy for judicial workers to distinguish between the crime of infringement of citizens' personal information and other related crimes,and thus it is easy to determine the crime of infringement of citizens'personal information.This part is based on the previous discussion,the author summed up the relevant issues in the legislation of the crime,and made relevant recommendations for improvement,and strive to perfect the crime of infringement of citizens' personal information.First,it is hoped that the "Personal Information Protection Law" will be introduced as soon as possible to ease the relatively fragmented and missing status of the pre-criminal law,so as to form a more complete legal system for the protection of personal information;Secondly,the scope of citizens' personal information will be reasonably defined to deal with the increasing problem.The complex and changeable social environment also lays a solid foundation for the study of the crime;Again,the crime of increasing the crime is to improve the corresponding legal provisions,so that the crime can be more in line with the requirements of social development,so that it can play its role in criminal law function;Also,we improve the penalties related to fines and other related penalties,in order to achieve the appropriate punishment.So,there is a better regulation of infringement of citizens'personal information;Finally,we pay attention to the convergence with administrative laws and regulations,so that the crime can be better implemented and applied at the legal level.