Discussion On The Protection Of The Criminal Law Of Citizens' Personal Information In China

For the purpose of fighting against crimes and safeguarding citizens' rights,China has made a lot of efforts in the criminal protection of citizens' personal information in recent years.2009 of the Criminal Law Amendment(VII)of the People's Republic of China(hereinafter referred to as the " Amendment VII "))article 7 to establish the " sale or illegally provide citizens' personal information " and " the crime of illegal for citizens' personal information ",this the promulgation of the amendment,is a milestone in the history of citizens' personal information in our country criminal law,marks the essence of citizens' personal information in our country criminal law on the protection.However,the dream is beautiful while the reality is profound.The actual and expected state of citizens' personal information protection is unsatisfactory.The illegal and criminal behaviors that violate citizens' personal information have not been effectively hit,but become more and more intense with the development of big data.Based on this background,the new amendment(IX)to the criminal law of the People's Republic of China(hereinafter referred to as the amendment(IX))was introduced in 2015.In the 17 th article of the amendment this time,the two charges in the amendment(VII)were merged into one crime of "violating citizens' personal information".Under the new efforts,the norms of violating citizens' personal information in the criminal law are becoming more and more perfect,and great progress has been made in the aspects of behavior subject,behavior division and sentencing grade.However,in the moment of the great development of big data,the criminal law still needs to improve the protection of citizens' personal information,especially when there is a conflict between the protection of citizens' personal information and the needs of social development.How to coordinate the contradiction between the protection of personal information and social development is a question we must answer.In this context,the research on the protection of citizens' personal information in criminal law is of great significance to theoretical research and practical guidance.This paper takes the protection of citizens' personal information under the criminal law as the subject to discuss.The main content of this paper is divided into five parts:The first part is to discuss the object of the crime of violating the citizen's personal information--the citizen's personal information.As for what is the citizen's personal information,there is not a unified definition in the judicial practice,and the academic circle has not reached a consensus yet.After the introduction of various theories,this part sums up the common points of each theory and puts forward its own opinions on this basis.The second part explores the legal interests protected by the crime of violating citizens' personal information.Legal interests are people's life interests protected by the criminal law.There are many theoretical disputes about what legal interests should be protected by this crime.In practice,there are many views on the legal attributes of personal information,including privacy right,personality right and property right.This paper reviews various theories after sorting out these unreasonable views.The third part elaborated our country to the citizen personal information protection present situation,first,from the theory basis and the reality demand two aspects elaborated our country criminal law protects the citizen personal information the basis;Next,it introduces the current situation of protecting citizens' personal information in China,and discusses it respectively from the aspects of criminal legislation,judicature and noncriminal law protection.The fourth part is the discussion of the judicial problems in the protection of citizens' personal information in China's criminal law.In the relevant judicial practice,there are many complex problems,this paper selected a few outstanding issues for research.The last part is the suggestion to perfect the protection of our citizens' personal information in criminal law.The first suggestion is to change the current criminal policy against violating citizens' personal information.Next is the suggestion perfect criminal law protection precondition law;The last two Suggestions are to improve the identification of infringement and the sentencing of the crime of violating citizens' personal information.