| The amendment of criminal law(nine)cancels the restriction on the subject identity of the crime of personal information,enlarges the subject of the crime stipulated in the original law as the general subject,the subjective aspect is intentional,the object of the crime is the social management order and the citizen's personal rights,and the objective behavior includes four kinds of provision,sale,theft and illegal acquisition.In May 2017,the Supreme People's Procuratorate and the Supreme People's Court published the interpretation of several questions concerning the application of law to criminal cases of infringement of personal information of citizens(hereinafter referred to as "explanation").The release of "interpretation" provides a clear basis for the application of the crime of infringement of personal information in the criminal law in practice,and the act of violating the crime of personal information of citizens.Like "personal information",the "violation of the relevant regulations of the state" is clearly defined as a violation of the provisions concerning the protection of citizens' information in law,administrative regulations and departmental rules,and the specific circumstances of "serious plot" and "particularly serious plot" are enumerated.In the judicial determination of the crime of infringement of personal information,the party violates the legal provisions and provides or sells the personal information of the information subject to the third party outside the subject of information.As long as it meets the standard of "serious plot",it is deemed to have succeeded and has achieved the accomplished state of crime.The perpetrator has embarked on the act of infringing on the information of others,but it failed because of the reason of the will.For fear of other reasons,voluntarily giving up crime is a preparatory state.In order to improve the accuracy of the judicial application,the crime of infringement of personal information of citizens,the freedom of communication,the illegal acquisition of computer information and the disclosure of information that should not be disclosed should be more accurate.The analysis of the same and the difference between the crime and the related crime is necessary for the accurate determination of the crime.Although the judicial interpretation has clearly defined the detailed charges against individual information,the subject of the crime and the scope of its application,the corresponding penalty standards have been set up.But at present,the country is facing the rapid development of all aspects.The scope of the current criminal law has been unable to meet the needs of the development of the data society,and the characteristics of the lagging of the law generally lead to the lack of the provisions of the current criminal law for the crime of infringement of personal information in the judicial practice,first of all,the lack of the prepositional law and the supporting laws.No timely follow-up.Based on this point,we should publish the personal information protection act as a prepositive law as soon as possible,so that the criminal law can better link with relevant laws in judicial practice.Secondly,we only sell,illegally provide,steal and illegally acquire four kinds of behaviors in other ways,which stipulate that crime is not comprehensive enough.The law should add other behaviors,and set the standard provisions.Finally,the related crime system of this crime is not perfect.We should rationally design the crime group of personal information protection,increase the crime of disclosing personal information by negligence,use the crime of personal information illegally,and tamper with and destroy the crime of personal information.In addition,we should also specify the object of the crime clearly.The personal information of the foreign citizens also applies to the provisions of the crime.The law should not protect the personal information of the deceased because of the ability of the deceased to enjoy the rights and obligations of the right subject. |
PDF Full Text Request