Analysis On The Basic Problems Of The Crime Of Violating Personal Information Of Citizens

Under the background of Big data environment,The accurate application of the crime of infringing citizens’ personal information in judicial practice is inseparable from the scientific definition of the concept extension of "citizen personal information" and the determination of the legal benefit attribute of this crime.The provisions of the Criminal Law of China do not clarify the meaning of "citizen personal information".The new judicial interpretation introduced in 2017 adopts an open definition of this concept.The interpretation will extend the extension to include some weakly identifying personal information associated with personal property.This is the correct choice based on adhering to the international common standard"identifiability" and the inevitable requirement for adapting to the data society.But open concepts often bring problems to the correct application of judicial practice.In order to solve this problem,we should define the legal interest of this crime as a proprietary right based on personality rights and having a legal interest attribute beyond the individual,rather than simply defining it as an existing right(such as privacy)or One-sided emphasis on the value of protecting the freedon of personal life and the security order of network information security,which affects the interpretation and application of the elements of this crime.The criminal object of this crime should be defined as the personal information of the natural person who contains the deceased;The“national regulations" as pre-requisites need to be interpreted and limited.At the same time,the criteria for the identification of objective criminal acts of this crime need to be typed.In judicial practice,it is necessary to focus on and solve the following problems.When the perpetrator of this crime has carried out a follow-up fraud crime should be punishable,it is undeniable that when the future information fraud crime typology,the two charges as implicated offenders,the possibility of choosing a felony,that is,the crime of fraud;The general personal information of citizens in the form of data leads to this crime and illegal access to computer information system data,When the crime of illegal control of computer information system coincides,it is necessary to adhere to the principle of responsibility.The crime of illegal acquisition of computer information system data and illegal control of computer information system should be criminalized in the case of errors in factual cognition,otherwise it should be punishable for multiple criminal acts.