Research On The Criminal Law Protection Of Perfecting Citizens Personal Information

With the rapid development of science and technology,information technology has also been constantly progressed and developed.At the same time,the value of citizens' personal information is no longer limited to the interests of personality rights granted by civil law,but also carries the value of society and embodies the interests of property.The open and developed social situation has raised the risk of citizens'personal information being leaked,stolen and illegally exploited,making it a tool for lawbreakers to commit crimes.Safeguarding citizens' privacy rights and respecting and protecting citizens' personal information has become an important topic in today's society.In order to curb the increasingly serious social situation of infringing on citizens' personal information and effectively crack down on illegal acts of infringing on citizens' personal information,China has set up the crime of selling,illegally providing citizens' personal information and illegally obtaining citizens' personal information in the criminal law through the? and IX Amendment to the Criminal Law of the People' s Republic of China.The purpose of this paper is to combine the situation and characteristics of the crime of infringing on the personal information of citizens in our country,and try to make an analysis on the establishment of the existing law and put forward some suggestions for perfection,in order to play an active role in protecting the personal information of citizens in the criminal law.This paper is divided into four parts,as follows:The first part:defines the concept of citizen's personal information and its legal benefits.First of all,on the basis of analyzing and comparing the privacy definition method and the identification definition method,the author puts forward own point of view;Secondly,the author distinguishes the personal information of citizens from related concepts such as personal privacy and personal data;Thirdly,the author defines the concept of citizen's personal information in the context of criminal law;Finally,the author analyzes the legal benefits contained in citizen information.The second part:sort out the legislative status of citizen' s personal information criminal law protection.First of all,the author introduces the legislation on the crime of citizen' s personal information before the promulgation of China's Criminal Law Amendment(IX).Secondly,it analyzes the main amendments to this crime in China's Criminal Law Amendment(IX),including the expansion.Investigating the subject and criminal object,standardizing the terminology,refining the sentencing grade,and punishing the special subject crimes;again,analyzing the existing deficiencies in the protection of personal information in China' s current criminal legislation,such as the implementation of the lack of pre-emptive laws,The prescribed behaviors are too single,the circumstances are serious,the lack of recognition standards,the lack of prevention and control of personal information crimes in the network environment,etc.Finally,the problems in the judicial determination of crimes against personal information,including crime patterns,joint crimes,Unit crimes,crimes and other issues.The third part:analyzes the necessity and feasibility of perfecting the criminal law protection of Chinese citizens' personal information.The necessity is based on the four aspects of further protecting citizens'personal information rights,constructing personal information legal protection system,curbing the illegal behavior of infringing personal information,and adapting to the trend of world legislation.The necessity is based on three conditions:theoretical research,judicial practice and citizenship awareness.In addition,this chapter briefly introduces the situation of extraterritorial protection of criminal information in personal information,and summarizes the lessons that can be learned.The fourth part:explore the path of perfecting citizen' s individual criminal law protection.In this chapter,the author proposes suggestions on the improvement of the criminal law protection of personal information in China from three aspects:perfecting the personal information legal protection system,perfecting the relevant supporting system,and perfecting the criminal law' s provisions on personal information crime.The innovation of this paper lies in:first,under the current criminal law norm,try to solve the judicial cognizance of "citizen personal information" and "illegal behavior";Second,it is possible to re-examine the crime of infringing citizens' personal information on the basis of the Criminal Law Amendment(9),and put forward some reasonable suggestions on the problems existing in the current Criminal Law which are not mentioned in the Criminal Law Amendment(9)through argumentation and analysis.The deficiency of this paper lies in that,although the author works in the judicial system,it is limited to the incomplete types of cases in the region and fails to communicate directly with the judges who try crimes against the personal information of citizens.Cannot obtain the first-hand information about infringing citizen's personal information in judicial practice.The problems existing in the application of the law can only be learned by consulting the written information,and the legislative proposals for the existing problems can only be obtained on the basis of reference to relevant materials,and a more feasible scheme can be obtained.