Inquiry Into The Crime Of Violating The Personal Information Of Citizens

Nowadays,the characteristics of the crime of violating the citizen's personal information are becoming more and more obvious,and the punishment of the criminal law is quite necessary.One of article 253 of the criminal law and judicial interpretation of crime of infringement of citizens' personal information to make the corresponding specification,However,this crime still needs to be clarified and improved in the understanding and analysis of the elements of crime,judicial application and legislation.First of all,the author points out that the citizens' personal information outside the identification characteristics,also should have directly with citizens' personal and property safety of relevance and the characteristics of the value of legal protection,clear the criminal object of crime is a personal information rights.In the objective aspect of crime,the author points out that the determination of "illegal income" after the sale of citizens' personal information adopts direct sales without subtracting costs.The provision of personal information on citizens includes the provision of personal information to the specific person and the nonspecific person.The criterion for the identification of the act of stealing or obtaining illegally by other means includes not only the illegality of the means of obtaining,but also the illegality without the consent of the information subject.The subject of crime is expanded from special subject to general subject,and the subjective aspect of crime is intentional.Secondly,in terms of judicial application,this crime is distinguished from the crime of illegally obtaining computer information system data from the object of crime,the objective aspect of crime and the object of crime.In the identification of subjective intention and joint crime,the sale of personal information and the provider's determination of the subjective intention of the downstream crime constitute a joint crime.In the aspect of crime number determination of related crimes,the person who obtains personal information uses personal information to reoffend will be punished combined punishment for several offenses.The identification of the number of personal information of citizens involved in the case usually includes a group of personal information with identification.The judicial interpretation of the direct identification of batch personal information is questionable.Other difficulties in judicial application,such as selling or providing citizens' personal information search tools,are identified as crimes against citizens' personal information according to the "Qvod Player case".The personal information of an enterprise as a legal person belongs to the information that is legally disclosed after the consent of the information subject,which has no value of legal protection and does not belong to the personal information of citizens.Finally,it is suggested that legislation should be made to increase illegal use and increase the crime of negligence.