Research On The Criminal Regulation Of Citizen's Personal Information Protection Under The Background Of Big Data

With the rapid progress of economy and technology in recent years,the information age has come.It brings so many conveniences to people's life.Meanwhile,a large number of personal information leakage incidents occurred,which not only disturb the corresponding management order of the country,but also induce a lot of crimes such as precision fraud and extortion.Nowadays,there is no special law on personal information protection in China,and the protection of citizen's personal information mainly depends on criminal law and a few related provisions scattered in other departments.In the face of new situations and new changes,we need to improve and concrete measures to protect personal information.This paper is divided into five parts:1.Explanation the relevant theories of citizens' personal informationFirstly,this part introduces the reason of choosing "personal information" and the mode of personal information legislation,and defines "personal information".Then it discusses the significance of "personal information" in criminal law,and analyzes the right attribute of "personal information".Finally,the personal information was classified and analyzed.2.Summaries the new features of the crime of violating people's personal information under the background of big dataThe new features include the diversification and concealment of personal information crime,the huge change of the quantity of personal information and the serious consequences of infringement,and the black industry chain of buying and selling information.3.Introduction the legislation process and current regulation of the crime of violating thepersonal information of citizensAmendment to the criminal law(7)firstly established the crime of violating the personal information of the citizen,and then revised it to supplement the latest judicial interpretation.It also discusses the current regulations of our country from the subjective and objective aspects of the crime of violating the citizen's personal information.4.Discussion the insufficiency in the protection of personal information of the criminal lawIt mainly consists of four aspects,namely,the problem of the existence of personal information rights,the lack of front method and the problem of legal cohesion,the problem of incomplete behavior and the litigation mechanism of the procedural law.5.The improvement of the legal system of personal information protection in ChinaThis part introduces the criminal legislation of personal information protection in typical countries of continental law system and Anglo-American law system,sums up the experience which we use of other countries for reference about personal information protection,and puts forward corresponding perfecting suggestion.