Study On The Criminal Law Protection Of Citizen' Personal Information Of China

With the development of the internet plus era,the big data era is coming.The hidden troubles accompanied with the explosive growth of data are gradually emerging in public view.Citizen' personal information has personality right attribute and property rights attribute.The infringement of citizen' personal information is increasingly running rampant,and the means and the methods are becoming more and more various.However,China does not have special“Personal Information Protection Law” to restrict and regulate these violations.The civilian and administrative measures are not effective enough to protect the citizen' personal information,so the application of criminal law is necessary.Criminal law is security law,and we should protect personal information,but we should not protect all personal information.We should at first know the connotation and attributes of personal information and distinguish it and some related concepts.Criminal law protection on personal information meets the situation needs,but China does not have special personal information protection law and some related laws are lack of effective interface,the criminal law protection on personal information does not acquire expected results.The theoretical researches of criminal law protection on personal information is insufficient,so there are some problems about criminal law protection on personal information.The essay analyses mainly about the introduction of Personal Information Protection Law,the set of penalty,prosecution methods and so on.The foreign countries make measures to protect personal information earlier,so their legislation on it is more complete.The essay introduces some regulation about personal information protection of the USA,German,and Japan.Most of these countries have introduced special “Personal Information Protection Law”,and the law keeps effective connection with the criminal law.They are combined to improve the protection of personal information.It isworthy to learn for us.The criminal law amendment(9)has introduced the infringement of citizens' personal information crime.The introduction of this crime is very meaningful for the protection of personal information,but it still has some deficiency.This essay picks out some deficiency,and puts forward some proposals to improve them.Firstly,we should confirm the status of personal information in Constitution of People's Republic of China and introduce the“Personal Information Protection Law” as soon as possible to enact the law front of the criminal law.Secondly,we should improve related criminal law provisions,such as providing a scientific and reasonable legal punishment to avoid some dispute in judicial practice.The last is the improvement of criminal investigation procedures.For example,as for the prosecution methods,we should take private prosecution as main method and aided by the public prosecution.