Judicial Definition Of The Crime Of Infringing On Citizens' Personal Information

The importance of information goes without saying that competition among industries is to some extent the processing of information,and it is not too much to say that"information is powerr".However,the risk of personal information security also comes with it.Laws on the protection of citizens'personal information have also undergone development and changes in response to the needs of reality Ten years ago,the Criminal Law"amendment(VII)"(hereinafter referred to as"the seventh punishment")for the first time added the crime of illegally obtaining personal information of citizens,selling or illegally providing personal information In 2015,the amendment(IX)to the Criminal Law(hereinafter referred to as"the ninth punishment")changed the title of the crime under the Criminal Law to the crime of infringing upon the personal information of citizens,while expanding the scope of the subject,raising the statutory penalty and imposing heavier punishment.Two years later,two high issued to deal with the criminal law field of personal information,applicable law of the Judicial Interpretation(hereinafter referred to as"interpretation").The legislation and judicature have been trying hard to define the crime and punishment of violating citizen's personal information,and the understanding and application of the constitutive elements of this crime are still "a hundred schools of thought contend'".In the paper,the"two high"issued seven typical cases of crimes against personal information of citizens as a sample,using case analysis and legal hermeneutics research methods,the paper probes into the connotation of''citizen's personal information"in judicial practice,"violating the relevant regulations of the state","illegally obtaining citizen's personal information by other means","the serious circumstances","the circumstances are especially serious",etc.Combined with the,interpretation"provisions,analysis of the crime of personal information infringement of citizens in the legislative and judicial cognizance of the existing problems.The result shows that part of the constitutive requirements of this crime is"blurred"in the judicial practice,and there is a"paradox"in the protection of the crime of infringing upon the Personal Information of Citizens Amendments to protect personal information and judicial interpretations have been introduced,and the broad definition of the content of personal information in the interpretation has resulted in an excessively large crime circle.On the other hand,illegal collection of Internet platforms has not been effectively regulated by the Criminal Law It seems that the protection of Criminal Law is"treating the symptoms but not the root cause".The basic position and tendency of this article is that the understanding of the constitutive elements of this crime should first be explained in form and adopt the restrictive interpretation position.In the analysis of whether or not constituting the crime,we should adhere to the principle of a legally prescribed punishment for a specified crime,judge its criminal illegality according to the relevant provisions of the state,and stick to the principle of a legally prescribed punishment for a specified crime.