On The Protection Of The Criminal Law Of Citizen's Personal Information

With the wide application of modern information technology in people's lives,how to better protect citizens' personal information security has become a new social problem.In order to combat the more rampant infringement of citizens' personal information behavior,the criminal law amendment(nine)adopted in August 29,2015 has made further amendments to the relevant provisions of the crime of infringement of personal information,and has made more extensive protection to the personal information of the citizens.It is a major progress of the criminal law in China,but it is still in its specific application.There are some problems that need further improvement of relevant legislation.On the basis of collecting and analyzing the theoretical literature of criminal law protection of personal information and relevant provisions of relevant foreign criminal legislation,this paper begins with a typical case,interprets the legislative status and related concepts of the crime of infringement of personal information from a theoretical point of view,and finally puts forward his own completion in accordance with the gaps in the legislation of personal information.Good opinion.The full text is divided into three parts:The first chapter discusses the related concepts of personal information,thus laying the foundation for further research.Personal information refers to a natural person associated with a particular natural person,reflecting individual characteristics,having a personal identifiability,recording in electronic or other ways,and being able to be identified alone or in combination with other information.All kinds of symbol systems are characterized by identifiability,processing,universality and subject specific.The second chapter gives a brief overview of the legislative background and current situation of the crime of infringement of personal information in our country,and analyzes the shortcomings of the existing provisions on the crime of infringing on the personal information of citizens,mainly from the three aspects of the regulation,the lack of subjective negligence and the mode of prosecution.Questions are raised in the face.The third chapter discusses the advanced legislative system and practical experience,including the Germany and France in the continental law system,Britain and the United States of the Anglo American law system,although there are differences in national conditions and culture,but the four countries have a thorough and scientific legislative system in the regulation of violations of personal information of citizens.The analysis summarizes their respective advantages,and draws lessons and methods to perfect the protection of personal information in criminal law regulation.The fourth chapter,based on the problems raised in the second chapter and the advanced legislative experience of his country in the third chapter,and combined with the more advanced research results of the current China,put forward its own perfect suggestions-the legal gap that needs to fill the illegal use of the law,two is the crime of adding negligent personal information,and the three is to improve the criminal prosecution.The protection of the personal information security of citizens is one of the hot spots of widespread concern in today's society.The development of the information society contains a huge commercial bonus.It must have a legal system to match it to ensure the smooth operation of the economy and the people's property interests and personal safety from the offenders.It helps to protect the rights of citizens' personal information.