Judicial Determination Of The Crime Of Illegally Obtaining Personal Information Of Citizens

In the era of big data,the convenience and concealment of collecting and processing information by computer network make personal information of citizens threatened by different traditional means.The Criminal Law Amendment(9),Interpretation of Several Questions Concerning the Application of Law in Criminal Cases of Infringing on Citizen's Personal Information,and Guidelines for Procuratorates to Handle Crimes of Infringing on Citizen's Personal Information provide guidance on personal information.However,due to the lag of the law itself and various problems in the process of legal practice that can not be accurately anticipated in advance,the impact of personal information brought by the era of big data has not been fully improved,and people will still suffer from different aspects of troubles due to the leakage of personal information in daily life.Therefore,in order to solve the crime of illegal acquisition of infringing on citizens' personal information,this paper will study the criminal law problems faced by citizens' personal information in the era of big data,and put forward constructive judicial opinions based on the latest cases and theoretical analysis,in order to solve the crime of illegal acquisition of infringing on citizens' personal information to me.The practical problems brought about by our lives.The first chapter is the introduction,which mainly introduces the value,significance and research status at home and abroad,paves the way for the following content and explains the basic background;the second chapter is mainly based on the environment of big data era to infringe on personal information of citizens.The present situation of the crime is described,the crime and non-crime of infringing on citizens' personal information are discussed,and the characteristics and types of the crime of infringing on citizens' personal information are analyzed according to the cases,and the distinction between them is made.The third chapter is to summarize the types of the crime of infringing on citizens' personal information illegally through cases according to the current legislative situation.Analysis: Challenges,traditional cases and emerging cases in the big data environment,differences,development expectations;Chapter IV is judicial cognizance from the perspective of the crime of illegal access to personal information of citizens through different cases: personal information,illegal access behavior,serious circumstances and analysis of the difficulties of judicial cognizance;Chapter V is combined with the era of big data.The characteristics of the judicial case from the perspective of solving the difficulties of the judicial cognizance proposed in Chapter IV,through theoretical and case analysis to solve the actual judicial problems in China.