Research On The Judicial Determination Of The Crime Of Violating Citizens' Personal Information

With the development of Internet technology,online media has generally entered the public's field of vision.The speed of change in all aspects of society far exceeds people's expectations.It enables us to cross provinces,regions,and even countries in just a few seconds.Delivering information,you can learn about the world at home.While the Internet brings convenience,it also provides opportunities for criminals to sneak in,especially in recent years,incidents of infringement of citizens' personal information are not uncommon.The constant occurrence of such cases not only threatens the main body of citizens' personal information,affects the peace of their lives,but also causes losses on citizens' property,and even triggers crimes.Therefore,the protection of citizens' personal information has become an inevitable social problem,and it is of great practical significance to conduct in-depth research on the judicial determination of the crime of infringing citizens' personal information.After the "National Criminal Law Amendment(IX)",the two judicial interpretations,although conforming to the current development of the times,still can not fully adapt to the current status quo of the society.There are still many problems in the judicial determination of the crime of infringing citizens' personal information.For example,the behavioral rules are not exhaustive and cannot cover all current behaviors.The industry self-discipline is still not rigorous.There are still internal personnel who disclose personal information of citizens and the plaintiffs have difficulty in proving evidence.They cannot better assist judicial determination and the judicial interpretation is not enough.Refined,can not adapt to the needs of judicial practice.This article is divided into three parts,the main contents are as follows:The first part is an overview of the crime of infringing citizens' personal information.Combined with the concept of “citizen personal information” clearly defined by the judicial interpretation and the discussion of the concept by other countries in the world,the characteristics of citizen's personal information are obtained.At the same time,the concept and characteristics of the crime of infringingcitizens' personal information are summarized.The second part is the empirical research and existing dilemmas since the crime of infringing citizens' personal information.This part firstly uses the "Chinese Judgment Document Network" as the search source,and uses the "crime of infringing citizens' personal information" as the key word,collects relevant information and analyzes the court level,the status of the trial procedure,the type of the case file and the geographical distribution of the case..Secondly,it combines the main means of citizen's personal information disclosure,judicial disputes,and judicial trials to analyze the current crime of infringement of citizens' personal information,and then elaborates on the current dilemma of judicial identification.The third part is based on the above research,through the research status quo from the legislative aspects and judicial aspects to propose a perfect proposal for the crime of infringing citizens' personal information.