Research On Judicial Determination Of Crime Of Infringing Upon Citizens’ Personal Information

In the wave of big data,citizen’s personal information has become an area of increasing concern.Up to now,For the crime of infringing on citizens’ personal information in the field of justice in our country,practical and legislative initiatives.We can see the urgent need of society to regulate this kind of crime.And the latest judicial interpretation has made relevant provisions on the connotation and extension of "citizen information" in the crime of infringement of citizen’s personal information,the understanding of "selling or providing citizen personal information" and "obtaining citizen personal information illegally","serious plot" and "serious plot".The echoes of the theory and practice.However,the judicial interpretation does not fully adapt to the "personal information" of the citizen,and does not fully adapt to the social status and the essence of "personal information".It is because the latest judicial interpretation does not talk about the rights and attributes of citizen’s personal information,so the individual information is defined by the way of expanding the scope of the enumeration,in the personal letter.In the context of big data with different forms of interest,it will inevitably bring difficulties to the process of judicial identification.Based on the latest judicial interpretation,the author begins with the problem of judicial identification of personal information,and then to the practical problems brought by the "violation of the relevant regulations of the state",and then to the identification of illegal "provision" in the way of behavior,and finally to the practice of identifying and analyzing the plight of individual information crime in several aspects of the plight of criminal conviction and sentencing.The crime of human information aims to provide a reference for the identification of personal information crime in China’s judicial practice.At the end of the article,based on the starting point of protecting the personal information of citizens in China,the author thinks that the three aspects of the right of personal information in China,the improvement of self-discipline of the industry and the improvement of the legislation of various departments in order to truly solve the judicial problems and protect the personal information of the citizens.