| Along with the progress of The Times,constantly improve the information network technology,information has covered the citizen life,citizens enjoy information communication bring convenience,at the same time also to put up with citizens' personal information was leaked harassment.In daily life,citizens' personal information was leaked made by fraud,extortion cases,such cases the serious harm of the citizen's property safety,destroy the harmony and stability of the society,so the criminal law crime infringing upon the citizen personal information is very necessary.As the "criminal law amendment(7)" and "criminal law amendment(9),our country pay more and more attention to the protection of citizens' personal information,is the science dealing with the judicial practice such cases provide a legal basis,but the provisions of the criminal law crime of infringement of citizens' personal information will not be enough to cope with the complicated situation in judicial practice.So this paper by analyzing the current situation of our country criminal law to protect citizens' personal information and judicial problems,put forward the suggestion that criminal law protection of citizens' personal information more effectively,hope at the same time of strengthening its legal thinking,contributing to our country criminal law to protect citizens' personal information contribute to it.Apart from the foreword,this paper is divided into four parts for writing.The specific contents are as follows:The first part elaborates citizen's personal information.This part introduces citizen's personal information by combing the definition mode,definition theory,attribute theory and characteristic of citizen's personal information.Each theory has both advantages and disadvantages,and analyzes our country's definition mode,definition and attribute of citizen's personal information.Understanding the definition of citizen's personal information is the basis for studying the criminal protection of citizen's personal information.The second part combs the history of Chinese criminal law to protect citizen's personal information.This part based on "criminal law amendment(7)","criminal law amendment(9)and the related judicial interpretation combing showed China's criminal law protection of citizens' personal information,indirectly from 1997 of the criminal law protection mode to the" criminal law amendment(7)"and" criminal law amendment(nine)direct protection mode,set up the crime of the infringement of citizens' personal information,is of epoch-making significance.The third part discusses the judicial problem of protecting citizen's personal information in criminal law.This part discusses three problems that the edges of the concept of "citizens' personal information","violation of the relevant regulations of the state," understanding the problem and the cognizance of criminal responsibility of the network server problems,by introducing the related theory,analysis of different types of criminal responsibility of the network server and web server accomplice,put forward the suggestion to solve the problems.The fourth part puts forward the perfect suggestion for the protection of citizen's personal information criminal law.This part aims to protect the personal information of citizens in China's legislation,combined with the experience of extraterritorial legislation,and put forward the legislative proposals to perfect our criminal law to protect citizens' personal information. |
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