On The Improvement Of Chinese Criminal Law Protection Of Personal Information

In order to punish acts that infringe upon citizens' personal information,the Criminal Law Amendment(seventh)takes the citizens' personal information as an object of criminal law protection directly,which provides a clear basis for personal information protection of criminal law.Moreover,the Criminal Law Amendment(ninth)expands the infringement of citizens' personal information crime behavior and subject range,which makes the criminal law protection of personal information more comprehensive.With the introduction of the three documents,there has initially been a protection system for citizens' personal information in our China.The legislative mode of "criminal law protection comes first",on the one hand,reflects the increasing protection of citizens' personal information in China,on the other hand,the single protection mode of criminal law legislation can no longer meet the needs of judicial practice.Through the combination of present situation and the society judicial cases,this paper in the first chapter to the evolution of the three important legal documents as a research starting point,the crime of infringement of citizens' personal information crime constitution "four elements" in the normative analysis,and the civil legislation of personal information protection itself exists many problems are analyzed,including the legislative model of the single,a prerequisite for the lack of system legislation,related concepts defined and statutory punishment Settings,etc.The second chapter,through the comparative study of the extraterritorial legislation,puts forward the beneficial enlightenment of the extraterritorial experience to the improvement of the criminal law protection of personal information of Chinese citizens.The third chapter,in the form of a special chapter,puts forward Suggestions for improving the criminal law protection of citizens' personal information.Through perfecting the criminal law legislation of the protection of citizens' personal information in China,perfecting the existing crimes of infringing on citizens' personal information,and setting up the crime group of personal information,it elaborates on the improvement methods,including gradually improving the preliminary legislation,to gradually improve the preliminary legislation and cancels the juxtaposition of "selling" and "providing",which is further divided into "crime of selling citizens' personal information" and "crime of illegally obtaining citizens' personal information".By setting out the terms and conditions of other ACTS of infringement of citizens' information regulation,the legal punishment of this crime,setting a reasonable set of personal information on charges of group,increasing "crime of illegal use of personal information","the crime of leaking of personal information",set "tampering or damage of personal information",set up the special personal information,the protection of the special groups,and set up specific personal information protection,etc,in order to further perfect the criminal law protection of citizens' personal information.