Research On Difficult Problems Of Crime Of Infringing On Citizen's Personal Information

With the advent of the era of big data,the importance of citizen's personal information has gradually emerged.This phenomenon has directly stimulated the surge in the demand for personal information of citizens,and the violation of citizens'personal information has become more and more common.Infringement of citizens'personal information not only seriously affects the citizens' life and tranquility,but also seriously damages the citizens'property interests and personal safety.Therefore,China constantly responds to the needs of society,pays more and more attention to protecting the personal information of citizens,and is constantly striving to formulate and improve relevant laws.However,due to the lack of legislation,there are many problems in the judicial practice of protecting citizens' personal information.Regarding the legislation on citizens' personal information,there is no special legal document in China.Although the Personal Information Protection Law has been put on the legislative agenda,and relevant scholars have submitted expert opinions,they have not been introduced.Therefore,the current legal protection of citizens'personal information is a fragmented protection model,that is,it is regulated by multi-sectoral joint protection.The protection of citizen's personal information by criminal law can be roughly divided into three stages.The Criminal Law Amendment Seven first establishes the criminal law protection of citizens' personal information.The Criminal Law Amendment Nine has been amended on this basis,and the subsequent enactment of justice The explanation also clarifies relevant concepts and improves the protection of citizens'personal information."Citizen personal information" as a proper noun which appeared in criminal law in the past ten years,its connotation and extension are vague,so it has been full of controversy.After continuous research by relevant scholars and continuous practice in the practice circle,it has finally been determined "Recognition" is the core concept.The legal interests of this crime also have a large controversy,such as the right to say,the right to property,the right to privacy and the security of information.However,each individual legal interest cannot fully match this crime,so it can be constructed through the right to personal information.A new legal benefit,making it personal,property and public characteristics,is the most appropriate legal benefit for this crime.The harmful behaviors of this crime can be divided into leakage-type harm behaviors and acquisition-type harm behaviors.By determining the manner of this crime,the objective behavior of this crime can be better understood.The sale is a paid transfer,and the offer can be either paid or unpaid.The difference between the two is that the sale is for the purpose of obtaining illegal benefits,and the offer is not for the purpose of obtaining illegal benefits.Providing an act,whether it is provided to a specific person or to an unspecified person,constitutes a crime.Acquired type of harmful behavior emphasizes illegality,and illegality here should be understood as“violation of relevant state regulations”.Neutral acts such as purchases should also be defined as acquired hazard behavior.In order to adapt to the various types of violations of citizens' personal information that are constantly appearing,more behaviors should be listed or added.Therefore,the crime of illegally using citizens'personal information should be added.The criminal subject of this crime includes both the general subject and the special subject.Both the natural person and the unit can constitute the subject of this crime.The intentional responsibility form of this crime includes both direct intention and indirect intention,but the degree of responsibility is different.This crime is not the purpose.At the same time,the author suggests setting up the crime of negligence of this crime,so as to protect the personal information of citizens more comprehensively.The crime of this crime is also a major problem that has always plagued the judicial community.Through careful analysis,the author hopes to provide some useful suggestions for the judicial practice community.