Analysis On 'Personal Information' In The Crime Of Infringing Citizens' Personal Information

In this era of digital,informationalized and which focus on flow,personal information is of unprecedented importance.On the one hand,it is related to the well-being of every citizen in the society,as well as the protection and stability of their rights and interests such as physical and property rights.On the other hand,it also involves the stability of the whole social management order and the adjustment of the national governance policy.As personal information becomes more and more important,the crime of infringement of citizens' personal information also occur frequently,and such cases keep coming.Therefore,to protect personal information,we should set strict standards,enhance the requirements,from a legal perspective,to define the concept of personal information and apply it to practical operation is the premise of effective personal information protection.The interpretation of several issues concerning the application of laws in handling criminal cases violating citizens' personal information issued in 2017 has defined personal information in detail for the first time in the field of criminal law,and adopted the concept of identification information theory which is based on identifiability.This judicial interpretation makes the legal basis for dealing with the violation of citizens' personal information from the criminal perspective more perfect,and the viewpoint of identifying information adopted by it is also in line with the mainstream trend of today's society,which is a major innovation.But at the same time,because of the principle and lag of legal norms,it is difficult to find a reasonable solution to the variable cases in practice by simply identifying information.Based on this,in the second chapter,the author thinks that in addition to the basic characteristics of identifiability,personal information should also have the characteristics of dynamic,legal protection,objective truth and effectiveness.In determining personal information,we should start from the value orientation of legislators,follow specific principles and concentration factor of identification.In the third chapter,the author believes that the following principles should be followed: the principle of relatively uniform legal order,the principle of balance between information protection and information circulation,and the principle of coordination between individual interests and public interests.In addition,the concentration factor include distinguishing different scenes for identification,distinguishing information subjects for identification,and distinguishing information types for identification.No matter the principle or concentration factor,there will still be some differences in the specific practice,so it is necessary to discuss the specific situation one by one.In the fourth chapter,in addition to the general identification of personal information,the author will also mention some special types of personal information in practice for discussion and identification,such as cookies data information,privacy information,voluntary information,illegal information,etc.