Research On Criminal Laws And Regulations Of The Act For The Crime Of Infringing Citizens' Personal Information

With the advent of the information age and the development of the Internet,the variety of personal information is more diverse.At the same time,a large number of violations of personal information are also overflowing,which leading to a change in the system of criminal action.The original executive act continues to expand and there are also new act that are typical of illegal use.Since our Country's Legislation on Infringing the Personal Information of Citizens Since the "Criminal Law Amendment(VII)" has been added,that is constantly improving."Criminal Law Amendment(IX)" to integrate it into "the Crime of Infringing Citizens' Personal Information".With the rapidly development of the information age,however,the provisions of the relevant laws often appear lagging behind and inadequate.The Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizen's Personal Information promulgated on May 8,2017 set out concrete criteria for some problems in this crime.But the above amendment still fails to solve the fundamental problem of the infringement on personal information-the all-round regulation of criminal acts.The first part analyzes the status quo of criminal law and regulation of the infringement of citizens' personal information,specifically elaborated the existing legislative and judicial regulation.The second part is to find out the current plight of the crime in the regulation of criminal law,and to analyze the current problems in the regulation of criminal law.T In the third part,in view of the existing problems in the regulation of criminal law,put forward the relevant legislation as well as the opinion of judicial consummation.Proposed in the future legislative improvement,comprehensive regulation of criminal acts of infringement of personal information.Aiming at the current situation that the crime is practiced at the core of illegal utilization,a reasonable system of the executive act is constructed,and the legislative center of gravity of the crime of infringing on personal information of citizens is shifted from the regulation of illegal disclosure and acquisition to the illegal exploitation.In addition,some new types of cybercrime that have emerged along with social development and scientific and technological progress should be further clearly defined in the judiciary so as to effectively deter their crimes.At last,he crime of cracking down on personal information should not rely solely on the means of punishment.It should also work in coordination with the administration and the people to completely prevent the disclosure of personal information.Through the continuous improvement of existing legislation such as the Criminal Law,the Law of Tort Liability and the Cyber Security Law,and if necessary,the timely enactment of the Personal Information Protection Law and other measures to jointly establish a sound legal protection system for the personal information of citizens.