Research On Several Issues Of Crime Of Infringing On Citizen's Personal Information

Recently,with the rapid development of information technology,the "insecurity"of citizen's personal information has become an emerging threat to the daily life.From"harassment phone" to "telecommunication fraud phone",information leakage is becoming more and more accurate.It seems to provide a front-end resource for many illegal and criminal acts,Which not only causes all kinds of crimes related to personal information.,but also significantly makes the "success rate" of violating criminal acts be increased.The infringement of citizens'personal information results in the leakage of information.Moreover,it also leads to the serious and unpredictable harm to the safety of citizens' personal and property.China's Personal Information Protection Law has not yet been promulgated,but " Crime of Infringing on Citizens' personal Information " has been included in the scope of criminal law.Since 2009,from the"Criminal Law Amendment(?)," the "Criminal Law Amendment(?)," to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate in June 2017 on "Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information" "The interpretation of the relevant issues concerning the crime of infringing citizens'personal information has become more and more detailed and precise.However,after studying and researching,the author thinks that there are several items about "citizen personal information","serious circumstances" and "violation of national regulations".Content,there are still doubts and debatable places.This article compares the" Criminal Law Amendment(?)" and " the Criminal Law Amendment(?)"with the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on "Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information",Combining typical cases,analyze legal changes and doubts,and present your own opinions.In addition to the catalogue and the conclusion,the full text is divided into six parts:The first part is the revision and Evaluation of the crime of "infringing on citizens'personal information".The author analyzes the differences between the three aspects of the subject,the object of crime and the degree of identification of"plot".The second part is the identification of "personal information".Firstly,the definition analysis is carried out at the level of the Criminal Law.Then the author expounds the super-personal legal interests attribute of "personal information",and finally defines the scope of "personal information'',the scope of "nationality",and distinguishes between "personal information" and "personal privacy".The difference is the main attribute of the "personal information of the deceased".The third part is about the interpretation of "the relevant provisions of illegal countries".It compares the Article 96 of the Criminal Law with the judicial interpretation and puts forward the view of appropriately narrowing the scope specified in the Interpretation.The fourth part is the identification of "behavior mode".This paper puts forward the understanding of illegal provision and illegal acquisition and the analysis of Its crime subject,and concludes that "human flesh search" belongs to the illegal acquisition of personal information.The fifth part is about the confirmation of "plot".It analyzes the"serious plot" and " the case is particularly serious plot" and analyzes the application of "criminal plot" through case study.The sixth part is about the determination of the number of crimes against the citizens' personal information.The relationship between the crime of illegal use of information networks,the crime of helping information network crime activities,the refusal to perform the obligation of information network security management,and the crime of fraud and the crime of infringing citizens' personal information are discussed in detail.