Research On The Criminal Law Of Individual Information Protection In China

With the rapid growth of economy and society,citizen's personal information plays an irreplaceable role in our life.But at the same time,citizen information is being violated and illicit use more and more frequently.Strengthening the protection of citizen information is our top priority."Criminal law amendment(7)" is introduced to meet the needs of citizens' personal information protection added sold illegally provide citizens personal information crimes and the crime of illegal for citizens' personal information,for the citizens who encroach on to steal personal information law as provides criminal sanctions.It is a landmark breakthrough to slow down the momentum of citizens' personal information.However,the provisions of the amendment of the criminal law(7)are not clear about the provisions of "personal information,serious circumstances,criminal subjects" and so on,which can easily cause deviations and differences in judicial practice.On August 29,2015,the amendment of the criminal law(9)made amendments to the criminal law amendment(7).Firstly,the restriction of the subject of crime is deleted and the scope of the criminal subject is expanded.In a more rigorous language to express the criminal provisions,will provide for the citizens' personal information of others illegally in the "illegal" 2 words,change "as above information" to "citizens' personal information",more complete maintenance of the protection of citizens' personal information.And fix the "criminal law amendment(7)" for citizens' personal information crime under penalty of not more than three years or criminal detention,and concurrently or independently be sentenced to a fine,the maximum sentence is to seven years,regulations,if the circumstances are especially serious,a penalty of not more than three years but not more than seven years,fine,thus it can be seen that the legislature for the attention of the infringement of citizens' personal information,at the same time enhances the degree of fighting crime of infringement of citizens' personal information.However,there are still deficiencies in the specific application.The text is divided into six chapters,from the perspective of criminal law to analyze the difficulties and solutions of citizen's personal information protection in practice.The first chapter of this paper is the introduction,from the background of topic selection,the significance of research,and the use of these as the starting point.The second chapter is about the basic theory of personal information,analyzing the meaning of citizen's personal information,and analyzing the definition of citizen's personal information through related concepts.Analyze the characteristics of citizen's personal information in the legal sense according to domestic and foreign regulations.The third chapter is mainly about "criminal law amendment(9)for the civil legislation of personal information protection,through the crime subject,crime objective aspect,as well as the legal sentence correction fully affirmed the" criminal law amendment nine progress.Chapter iv the deficiencies of our country's protection of personal information in criminal law.Definition of personal information;The standard of the plot is not clear,lack of the preset rules;The monotonous method of criminal behavior and the lack of penalty provisions are discussed.Chapter five the contents of the foreign criminal law on the protection of personal information,mainly from the Anglo-American law system and the continental legal system analysis and the differences of China,and the guiding significance of our country.Chapter 6 is about some Suggestions on the protection of personal information in our country.From the scope of personal information,the seriousness of the criteria to increase the crime and how to improve the penalty Settings to analyze the criminal protection of personal information in China.