The Dilemma And Outlet Of Criminal Investigation Of Infringing On Citizens' Personal Information In The Big Data Era

With the continuous opening of society and the vigorous development of the economy,the personal information of citizens has undergone tremendous changes in terms of content form,intrinsic value,way of existence,and circulation.In the era of big data,citizens' personal information is more regarded as a kind of market commodity,and the wealth value of information becomes more prominent than before.As a commodity with market value,information has enormous economic value behind it.Therefore,in order to extract the economic benefits behind the information,the criminals' violation of the personal information of the citizens becomes more and more serious,and the resulting crimes of infringing citizens' personal information are gradually increasing.In this context,the crackdown on crimes against citizens' personal information has gradually entered the scope of criminal law.For the first time,the Criminal Law Amendment(VII)stipulates in the criminal law the violation of citizens' personal information,and the crimes of "selling,illegally providing citizens' personal information" and "illegal access to citizens' personal information" are included in the crime.Subsequently,in the Criminal Law Amendment(IX)promulgated in 2015,the two acts in the Criminal Law Amendment(VII)were further integrated into the “crime of infringing citizens' personal information”.The promulgation of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Involving Citizens' Personal Information in 2017 is to further explain and improve the problems in the practice of infringing citizens' personal information.However,looking at the current research results,the research on crimes against citizens' personal information is mainly carried out from the aspects of concept discussion,criminal law protection and court review.In contrast,investigative science,which is one of the pillars of criminal justice,has rarely been studied for such crimes.The background of the big data era is even less.Therefore,combined with the background of big data,from the perspective of investigation,it has certain theoretical and practical significance to carry out research on crimes against citizens' personal information.This paper takes the problem of investigating the actual work as the starting point,seeking truth from facts,from the theoretical point of view,the legislation on the crime of infringing citizens' personal information,the characteristics of crime,the real dilemma faced in the process of investigation and how to effectively solve the dilemma are discussed separately.The first part of the thesis is an overview of the crime of infringing citizens' personal information.Firstly,it discusses the legislative status of the crime of infringing citizens' personal information and what is reflected in the law of our country.Then on the basis of this,a comparative analysis of the relevant controversial concepts of the crime is carried out to summarize the concept of crimes against citizens' personal information.Then,taking the overall and specific perspectives as the starting point,the crime characteristics of the crime in the era of big data are emphasized.In the discussion,combined with specific data and cases,a clear explanation was formed,which sought to provide some help for the investigators to accurately grasp the characteristics of crimes against citizens' personal information in the era of big data.The second part is the real problems and dilemmas in the process of investigating the crime of infringing citizens' personal information in the era of big data,including the traditional investigation mode and concept,it is difficult to cope with new challenges,the difficulty in obtaining evidence of electronic data,and the barrier between various databases.And the current lack of big data investigative talent team and the impact on citizens' personal information rights during the investigation process.In the discussion,the full consideration of the actual situation of the investigation work,seeking truth from facts,formed a more complete expression.The third part proposes the corresponding cracking strategies for the problems raised in the previous article,including the innovation of investigation mode and concept,the regulation of electronic data forensics procedures and the improvement of forensics technology,as well as the data sharing and talent cultivation of the investigation organization in the era of big data.Sustainable development mechanism.In addition,combined with the characteristics of the times,it provides ideas for investigative agencies to explore new methods and methods of investigation.Finally,in response to the impact of big data investigation on the citizen's personal information right,the corresponding personal information right procedure guarantee system is proposed to maximize the balance between investigation and rights.