The Determination Of The Crime Of Infringing Citizens' Personal Information

In the era of big data,when citizens enjoy social public services,employment applications and bank loans,they are required to provide the use of personal information about citizens.And companies also create greater business value by acquiring and using personal data.Personal information about citizens increasingly more the social attribute and commercial valued.However,when personal information is widely used in society,the behaviors of violating citizens ' personal information also increase,so the state will pay more attention to the protect citizens 'personal information.In 2009,Chinese law of the seventh amendment to the criminal established specific charges of protecting citizens ' personal information.In2015,Chinese law of ninth amendment of the Criminal Law further amended and improved the crime of infringing on personal information on the basis of Chinese law Amendment 7 of the Criminal.In 2017,the Chinese Supreme people's Court and the Supreme People's Procuratorate gave some explanations for several Issues to deal with the cases of infringement of citizens ' personal information,and they explained carefully from the scope of personal information,the determination of illegally obtained information,the criterions for the conviction of crime,crime correlation processing,information quantity calculation rules such as 10 aspects has carried on the detailed explanation,respectively,in order to solve the problem that specific problems in the cases of infringement of citizens ' personal information.The continuous improvement in legislation has provided the standard for many specific problems of citizens ' personal information,but there are still many problems of judicial practice,and even different judgments in the same case occur.Based on this,the author firstly makes a detailed analysis of the legislativedevelopment,definition and right attribute of citizens ' personal information.Then,through the analysis of judicial data and specific cases,the author analyzes the ratio of the data and the rate of the second trial of the crime of violating citizens ' personal information and the second trial of violating citizens ' personal information in the recent four years,and puts forward the specific problems studied in this paper.For the open identification of public personal information,the act of collecting public personal information is generally legal.Whether selling and providing for the collected public personal information constitutes a crime shall be determined according to the subjective will of the right holder.There are three factors to be considered in the identification of indirect personal information,One is the importance of the information itself,the other is the combination of other personal information,and the third is the subjective purpose of the actor.For the identification of personal information types,it is important to focus on the analysis and identification of track information,property information and transaction information that are prone to concurrence.Actually,there are four main problems with the identification of citizens ' personal information.First,the calculation of the " bars " of personal information should be combined with specific cases.If the number of personal information in a case is huge,and the calculation method does not affect the conviction,the amount of personal information should be determined according to the way the doer edits personal information.If the amount of personal information in a case is small,so the determination of the number of personal information will affect the conviction of a crime,then number of pieces of personal information calculated shall be determined according to the number of legal interests actually violated.If the actor locates the mobile phone number of the same mobile phone number,the number of personal information shall be accumulated.For the determination of the amount of personal information calculated in proportion,it should be calculated in accordance with the proportion of 1 : 10 : 100 in general.The burden of proof of batch information is in the public prosecution organ.The defendant has the right to prove that the batch of personal information is not true.As long as the defendant makes the facts of proof fall into the state of unknown authenticity,he can complete the proof.The public prosecution organ needs toprovide evidence for the direct identification of batch information.It should sample and test the massive batch information and select the sampling method of the smallest error and the highest accuracy.In view of the judicial practice,it is necessary to combine several crimes for the identification of related crimes after the crime of violating citizens ' personal information.If a single punishment is imposed on the implicated offender,the two acts of infringing on the legal interests in each individual can not be fully evaluated.