Identification Of The Objective Elements Of The Crime Of Infringing Citizens' Personal Information

The rapid development of the information society has brought about profound changes in all areas of our society,and the accompanying violations of personal information have continued to occur.As the methods and means of infringing personal information become more diversified,the protection of citizens' personal information becomes both urgent and difficult.The legal protection of citizens' personal information has become a hot issue of legislation in the current international community.However,the legislation on personal information in China's criminal law is relatively lagging behind.On the basis of comprehensively collecting the works of China's personal information protection theory and related materials at home and abroad,this paper examines the origin and promotion of personal information protection legislation,and uses the comparative law as the perspective to cut the status quo of personal information crime and legislative protection in China.Point,analyze the legislation and its impact of crimes against personal information.The criminal legislation of personal information protection is a gradual process.Its characteristics are mainly characterized by the gradual expansion of the subject of crime,the increasing protection of objects,the increasingly clear standards of conviction and sentencing,and the increasing operability.Since the crime of infringing citizens' personal information was established in the Criminal Law Amendment IX in 2015,the discussion of this crime by academic circles and judicial practice has not stopped.In May 2017,the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information,explaining many of the problems of this crime,but there are still some problems,such as personal information.The scope of the problem,the ambiguity of the rights attribute,the scope of the "citizens" and the specific crime standards of such crimesneed to be further discussed,etc.These issues are the main content of this paper.By reading academic works and journals,studying the views of scholars and combining their own thinking,this paper first defines the scope of personal information.Based on the theory of criminal constitution,this article deals with the specific criminal behavior of this crime,mainly on "Nine Penalties" and " The provisions of the Interpretation are discussed,including “violation of relevant state regulations”,“sale or provision,theft or illegal acquisition” and “serious circumstances”.The purpose of this paper is to analyze the objective aspects of the crime of infringing citizens' personal information,analyze the identification of the crime of infringing citizens' personal information,and learn from the advanced experience of criminal law protection of citizens' personal information,and provide theoretical basis for judicial practice,thus perfecting China.Protection of citizens' personal information security.