Criminal Law Protection Of Citizens' Personal Information Under The Background Of Big Data

With the spread of network information technology and the advent of the era of data,data has become the main carrier of citizens' personal information.The interaction,interlacing,flexibility and low cost of citizen's personal information circulation,while facilitating normal work,study and life,also exacerbate the current situation of citizens' personal information being infringed.Big data is not only a national strategic deployment of China,but also an important trend in promoting economic development,improving social governance,and improving government service and supervision capabilities on a global scale.Therefore,the protection of citizens' personal information requires a balance between personal interests and social and national interests.In order to realize the comprehensive protection and attention to the personal information of citizens,the Criminal Law Amendment(IX)made a major revision to the crime on the basis of the Criminal Law Amendment(VII),specifically concerning the crime.The subject of the crime,the objective aspect of the crime,and the statutory penalty.The Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases(hereinafter referred to as the "Interpretation")jointly issued by the Supreme People's Court and the Supreme People's Procuratorate also further stipulates relevant issues concerning the crime of infringing citizens' personal information.Although the Interpretation defines the concept of "citizen's personal information",and unifies the standard of "serious circumstances" in judicial practice.And the model makes the conviction and sentencing of the crime of infringing citizens' personal information more clear,but the Interpretation still has the ambiguity of the conviction standard,the limitations and the disorder of the identification rules,and only the conviction of the crime of reasonable infringement of citizens' personal information.The plot,to solve the problem of derivation of conviction standards and identification rules,can effectively curb the spread of information crime,comprehensive protection measures for personal information.Starting from the perspective of big data,this paper sorts out the legislative evolution of crimes against citizens' personal information,analyzes the shortcomings of China's criminal law on the protection in the context of big data,and makes preliminary explorations and puts forward measures to improve the rule of law in China.Improve suggestions and suggestions.