| "Han feizi ·Wudu" said,"different things in different times,different things are prepared for change","because of the world,and prepared for things.At present,China is in a rapidly developing information society,and personal information has become a new target of criminals because of its new value and importance.Personal information security situation is imminent,even in some areas has formed a professional criminal gangs,its through trading and other illegal means to obtain a large amount of personal information,and to obtain huge profits,more serious is the use of relevant personal information such as related crimes such as fraud,extortion,caused serious adverse consequences to the society.Legislation always lags behind the development of reality,and the regulation of criminal law on the violation of personal information is no exception.In 2009,the promulgation and implementation of the amendment to the criminal law(vii)officially kicked off the criminal law to crack down on crimes of infringing personal information.With the development of the information age,the number of cases of violating citizens’ personal information is also increasing year by year.For this reason,the amendment to the criminal law(ix)promulgated and implemented in 2015 has strengthened the safeguard of personal dates in the criminal law,and made substantial adjustments to the relevant criminal norms to meet the requirements of actual crime regulation,such as the scope of subject,the conditions for incrimination and statutory punishment.Then in 2017,lianggao and lianggao passed the judicial interpretation on cases of personal information infringement(the "interpretation" in the following paragraphs specifically refers to the judicial interpretation adopted in 2017),which explicitly stipulates the disputes that often occur in judicial practice,such as the definition of "personal information" and the specific standard of "serious circumstances".However,due to the hysteresis characteristics of statute law of natural,combined with the personal information protection of criminal law in our country is relatively late start,therefore,we must dare to face up to our country for personal information infringement regulation still has many problems: first,the most need to solve is the problem for the cognizance of "personal information",while the latest "explain" makes a clear rules on this question,but for "personal information" legal attribute characteristic problems still exist,such as well about the "personal information" front attributive word "citizen" is worth investigating whether the existence of rationality;Second,the amendment to the criminal law(ix)simply combined the two previous crimes into one crime,and did not make any adjustment to the mode of conduct.Whether such adjustment is redundant is questionable.Finally,the provisions of the criminal law on the constitution of the crime too principle,penalty allocation is unreasonable,and so on.Based on the above a lot of problems,the author carefully searching and studying countries outside the legal regulation,the relevant provisions of the personal information protection in line with China’s national conditions,based on this fully draw lessons from foreign advanced legislative technology and experience,to solve the lack of personal information protection in China’s criminal law regulation,matching with the safeguard of personal date in criminal law is put forward the legal system,further standardize the crime constitution regulations of existing charges and add close confessionary model concrete Suggestions,such as in order to further perfect protection of personal information in Criminal Law of China. |
