An Empirical Investigation Of The Sentence Imbalance Of Crime Of Infringing On Citizens' Personal Information

From the analysis and research on the sentencing situation of 365 cases of personal information infringement collected by Peking University,it can be found that the sentencing of the crime of infringing citizens' personal information shows the problem of sentencing light punishment and the same case.The sentencing of sentencing is characterized by a shorter period of imprisonment,a higher rate of probation,and a lower value of the penalty.However,the different sentences of sentencing are manifested as factors affecting the crime of infringing citizens' personal information,such as the number of information.Some cases with minor differences,such as statutory and discretionary circumstances,have resulted in significant differences between penalties and factors that have a relevant impact on the infringement of citizens' personal information,such as the amount of information and other factors such as statutory and discretionary circumstances.Some cases have made similar judgments.Through the research and summary of the collected sample cases,we can find that the sentencing of the crime has the above imbalance.The influence of the relevant factors identified by “serious circumstances” on sentencing is one of the reasons,which mainly includes the classification of relevant information types.The clarification and the number of information rules and the fact that the illegal income is simply based on the amount of the standard leads to the unreasonable sentencing judgment.One of the reasons for the lack of adequate attention to the social harmfulness of violations of citizens' personal information.However,the determination and application of the stipulation of the stipulation of the stipulation of the sentence is an important reason for the sentencing of sentencing,which is mainly reflected in the improper application of the statutory and discretionary circumstances affecting the crime of infringing citizens' personal information,that is,the confession and The determination and application of surrender is too tolerant.However,the lack of certainty in the application conditions of probation is the direct cause of the high rate of probation.At the same time,an important reason for the abnormality of sentencing and the phenomenon of different judgments is that the discretion of the judge is large,and the exercise of this power is Whether the sentencing judge is fair or not has an important influence.In view of this,it is proposed to propose a perfect path for the sentencing justice of the crime of infringing citizens' personal information.In order to overcome the phenomenon of sentencing imbalance,it is necessary not only to pay attention to the relevant factors of the standardization of "severe circumstances" and the application of the normative punishment penalty case,but to specify the identification of relevant information types,the optimization of information quantity identification rules,and the transformation of illegal income.The standard model is replaced by “amount + plot”,which is more strict with the recognition and application of surrender and confession;it is necessary to pay full attention to the social harmfulness of the violation of citizens' personal information,and it is necessary to clarify the applicable conditions of probation.Solve the lack of certainty by strengthening the comprehensive evaluation and the relevant measures for the judicial interpretation of the conditions for the application of probation.At the same time,it should also include “serious circumstances” and “extra serious circumstances” related to the determination of the impact of sentencing.The criteria for the identification are more comprehensive and detailed,and the relevant sentencing benchmarks or sentencing guidelines are formulated,the rationalization of judgments is strengthened,the reasons for the publicity of sentencing is promptly issued,and the guidance cases for criminal cases of infringement of citizens' personal information are issued in a timely manner to reasonably limit the sentencing of judges.Discretion.In order to better achieve the justice of the crime of infringement of citizens' personal information.