On The Improvement Of The Crime Of Violating Citizens’ Personal Information

In the current society,as Internet technology develops at rapid speed,the damage caused by infringement on citizens’ personal information is becoming more serious.In response to the reality,the constitute condition and criminal liability are added and amended in the Amendment(Ⅶ)to the Criminal Law of the People’s Republic of China and Amendment(IX)to the Criminal Law of the People’s Republic of China.The highest judicial authority also issues corresponding judicial interpretation.The above-mentioned solutions can provide powerful safeguard for protecting citizens’ personal information.However,for the multiple situations about the infringement on citizens personal information,eriminal regulation is insufficient,with disagreements existing in the theory and practice,including the connotation of "citizens’ personal information",expansive explanation of "violating relevant stipulations of the state",the issue about the object of crime includes " the dead’s personal information " or not,the omission about the legislation of illegal utilization " and "illegal destruction" as well as the unreasonable regulation about the fine penalty in the penalty setting.These are controversial both in theoretical circle and judicial practice.Based on the arrangement of the evolution about the crime of infringing on citizens ’personal information and the overall interpretation on the legal texts about this crime,this article attempts to summarize the shortages of legislation and make recommendations for the improvement of corresponding legislation,which is of theoretical and practical significance.In combination of the current legislative and judicial interpretation,this article summarizes the shortages of the legislation about infringing citizens’ personal information based on the analysis of the constitutive element of this crime.This is reflected in the expansive explanation about"violating relevant stipulations of the state ",the exclusion of the dead’s personal information" in the object of crime,the omission about the legislation of "illegal utilization" and "illegal destruction" as well as the obviously light regulation about the fine penalty in the penalty setting.After the summary of current research achievement and and learning from foreign experiences on legislation,corresponding suggestions are put forward.Firstly,this article elaborates the doubt about the expansive explanation of "violating the relevant stipulations of the state",amends it as "violating state regulation" and makes it accord with the 96th article in the Criminal Law.Secondly,for the issue about the protect of "the dead’s personal information",this article advocates to make it included in the scope of protection and suggests that the protection for the dead’s personal information should be set by reasonable tenn of protection.Thirdly,from an objective perspective,the"illegal utilization" and "illegal destruction" should be included into the criminal regulation in combination with the criminal offence of judicial practices’ infringing on citizens’ personal information.Fourthly,this articles suggests to improve the fine penalty,increase the punishment,and adopt the several-fold fine amount and specific fine amount,which means that the former refers to the situation with illegal gains while the latter refers to the situation without illegal gains.