The Study Of Judicial Cognizance About The Crime Of Infringing On Civil Personal Information

The arrival of the information age has made the personal information of citizens gradually become an important economic resource,which has brought great convenience to social life.However,the promotion of personal information economic value and the development of network technology have caused the abuse of citizens' personal information,which poses a great threat to the interests of information subjects and the stability of social order.To maintain information security,our country "criminal law amendment(seven)" to "selling,illegally providing personal information”,and “illegally obtaining personal information" to regulate criminal ACTS that violate the personal information of citizens.To adapt to the development of social situation,"criminal law amendment(nine)" to "the crime of infringing on citizens' personal information" to further perfect the related regulations,and introduced the related issues in judicial interpretation.Although citizens personal information under the background of the criminal law protection has been a certain degree of improvement,but there are still many difficulties in the judicial cognizance,the existing regulations have different understanding in practice,seriously restricts the reasonable application of the crime of infringing on citizens' personal information.Based on this,through combing comb the legislative provisions and changes of the crime of infringing on citizens' personal information and combining with the specific treatment in judicial practice,points out that the crime of infringing on citizens' personal information judicial cognizance of the difficulty,and puts forward the solution to provide reference for the standardization of the crime of infringing on citizens' personal information.Apart from the introduction and conclusion,the full text is divided into five parts,totaling more than 30,000 words.The first chapter is the legislation of the crime of infringing on citizens' personal information.Based on "criminal law amendment(seven)" and "criminal law amendment(nine)," introduced the content of citizens' personal information protection policy and the analysis of the background,points out that the rules of change between two amendments.This kind of change includes the special subject development as the general subject and the subject scope expands.Remove the "illegal provision" of "illegal" and expand the scope of behavior;The front blank charge is changed to "violating the relevant state regulations",and the scope is expanded;Add a legal penalty,the penalty is aggravated.The change of legislative provisions is the response of criminal legislation to social reality.The second chapter is the analysis of the necessity of the investigation of the criminal responsibility for the infringement of citizen's personal information.This paper analyzes the necessity of investigating the criminal responsibility of citizen's personal information from the two perspectives of the reality and the law and benefit protection principle.Pointed out that a high incidence of crime,badly infringed the citizen's personal information in violation of the amount of information,which cause serious damage to the personal information right and security,and thus need to play to the role of the protection of criminal law,criminal responsibility shall be investigated for the infringement of citizens' personal information,to protect the rights of information subjects and maintain a stable social order.The third chapter is an empirical analysis of the crime of infringing on citizens' personal information.The empirical analysis reflects the following characteristics: firstly,it points out that there is no uniform standard in judicial practice,including personal law and social law;Secondly,the behavior object determines the standard is unclear,what kind of personal information can be protected by the criminal law is not specified;Thirdly,the information authenticity of the case is different,which is mainly sampling,but the sampling method is not standard.Then,there are many kinds of illegal obtaining behaviors,so long as the behavior of obtaining the citizen's personal information has no legal basis or qualification,that is,illegally obtained.Finally,in judicial practice,the penalty is not equal,and the punishment is light.The fourth chapter is the multiple perplexity in the judicial identification of the crime of infringing on citizens' personal information.In this paper,the author points out the difficulties in the judicial determination of personal information crime.First of all,the judicial orientation of the law on the protection of personal information of citizens is vague;Secondly,the interpretation of "violating the relevant regulations of the state" is unreasonable,which is contrary to the principle of legality;Thirdly,the behavior object is determined to be unclear,including the scope of the behavior object and the identification of the authenticity;Then,the behavior method is not perfect,which manifests itself in the confusion of the sale,provision and illegal acquisition behavior.In the end,the factors of "serious plot" are not clear,which shows that there is a discrepancy between the same plot presents conflicting rules and identification of the standard of convictions is not one.The fifth chapter is the solution to the confusion of the judicial identification of the crime of infringing on citizens' personal information.In view of the problems existing in the judicial identification of the crime of violating the personal information of citizens,the principle of clarity should be followed to determine the crime of violating the personal information of citizens.It includes: firstly,the legal interest entity that violates the personal information crime of citizens is the right of personal information;Secondly,the "contravention of the relevant provisions of the state" shall be interpreted as a restriction;Third,the determination of the limited expansion of "citizens",including foreigners and stateless persons,does not include the deceased.On the basis of identification,the subjective and objective view that the personal information with value is protected by criminal law.For batch information,the amount of information required at least to prove the crime and increase the penalty threshold is true.Then,it is clear that the "sale" is not a prerequisite for payment,and the exchange of "sell" behaviors includes general property,property interests and non-property interests."Provision" does not include paid provision.The "illegal acquisition" of "illegal" is a violation of the relevant state regulations,and the collection of individuals should be punished.Finally,the act of selling or providing citizens' personal information obtained through the use of the position shall be deemed to be a conviction plot or sentencing plot,and shall not be repeated.