Research On The Judicial Identification Of Crimes Against Citizens' Personal Information In The Era Of Big Data

With the development of information network and electronic commerce and other technologies,big Data technology is popular all over the world,people always can not leave the big data to help people's production and life,in order to better provide citizens with information related to the subject of information,it is indispensable to the use of citizen information and other basic information to collect,integrate and use.In such a circular state,people unknowingly entered the era of big data,so that the value of citizens ' personal information added value,along with the legitimate exchange of personal information,the phenomenon of illegal infringement of personal information is repeatedly prohibited.Therefore,this paper is divided into two parts to study the judicial determination of the crime of violating citizens ' personal information in the era of big data.The first part is an overview of the big Data age and the protection of personal information criminal law.First define what is the age of big data,and then by analyzing the wide range of applications of big data technology,to understand what the risks of the big data age are,and which aspects pose a great threat to the personal information of citizens.Secondly,under the shadow of the era of big data,what changes have taken place in the protection of criminal law of this crime,so as to analyze the situation of the criminal law protection of this crime,and elicit the following analysis and understanding of the problems of the identification of constitutive elements in the era of big data.The second part is the third title of the article to the sixth title,the overall focus on the infringement of citizens personal information crime of the main constituent elements of the identification of the analysis.Based on the specific cases in judicial practice,this paper puts forward some suggestions on the deficiency of judicial determination of the crime of violating citizens ' personal information by drawing on the relevant theories of the civil law system and the laws and regulations on the protection of citizens ' personal information in China,in view of the difficult and complicated aspects of the crime in the subject object,subjective aspect and objective aspect.The purpose of this paper is to find out the influence of the age of big data on the personal information of citizens,to identify the main constituent elements of the crime of violating citizens ' personal information as the core,and to strive for the precision of the application of this crime in judicial determination on the basis of the existing law of criminal law protection.