Research On Criminal Law Protection Of Personal Information Of Citizens In China

Nowadays,the rapid development of information and technology has brought numerous innovations to every aspect of our life,enriching our material life and spiritual world,and providing us with great convenience.The development of technology is inseparable from the new tools of the information age,which we call big data.The derived big data information processing system needs to take a large amount of relevant information as the basis of data analysis,so as to provide accurate services for human life and facilitate People's Daily life.Personal information of citizens is one of the most important basic data for big data processing,and personal information has played an unprecedented role.Therefore,personal information has been pushed to an extremely important position.However,due to its personality attribute,it is different from other information,and its use and processing are limited to some extent.It is in this context that personal information security is attached great importance.However,due to supervision negligence and other problems,a large amount of personal information is seriously leaked,willfully infringed,spread and resold,which further affects people's production and life,causing loss of property and even personal injury.As a result of the aggravation of aggression,people are worried about their personal information security and even become upset.About personal information protection consciousness also obtained the deepening in the environment,in the face of a lot of theft,leak,selling the citizens' personal information such as unsafe behavior and evolving layer upon layer of new means of infringement,our country introduced according to the requirement of the era of the legislature to civil,administrative and other legal norms as the crime crackdown on information security,these laws in a certain degree of citizens' personal information has played a protective effect,but also because of a series of reasons such as legislation late certain deficiencies.In this context,in order to better protect citizens' personal information,the protection path of personal information is explored to make up the relevant deficiencies.Scope of this paper,the concept of citizens' personal information,and analyzes the legal attribute,this paper mainly analyses the current academic background about several kinds of definitions of the concept of personal information way eventually think complex of type identification and privacy of personal information definition is suitable for the requirement of times development,and expounds the attributes of the personal information of several mainstream view,and then clear the protection of personal information.Secondly,this paper analyzes the status quo of the protection of citizens' personal information in China's laws from civil,administrative to criminal fields.Was promulgated in 2009,our country criminal law amendment seven clear their personal information in the form of criminal law for the first time security as the objects of protection,and in 2015 launched the "criminal law amendment" nine again revised criminal law's citizens' personal information on the relevant legal provisions,after a series of judicial interpretations matching for the application of judicial practice.Then,the corresponding deficiencies in various fields are explained,focusing on some problems in the criminal law,such as the need to clarify the concept of personal information,the lack of preconditions of the law.In order to make up for these shortcomings,I consulted relevant legislation norms of developed countries on the protection of citizens' personal information,and mainly analyzed the status quo of personal information protection in continental law system,mainstream countries in European and American law system,Germany,Japan,the United States,Britain and other countries.It also summarizes the advantages of developed countries and provides Suggestions for the protection of personal information in China's criminal law and enriches the legal framework of personal information of citizens in China.It also expresses its own views on the law of protection of citizens' personal information as soon as possible and makes corresponding appeals,so as to provide a powerful precondition for the effective protection of citizens' personal information in the criminal law.