Font Size: a A A

On The Deficiency And Perfection Of Criminal Law Protection Of Personal Information In China

Posted on:2020-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330590978020Subject:Law
Abstract/Summary:PDF Full Text Request
China’s criminal law attaches more and more significance to the protection of personal information.However,with the increase of cases related to personal information,judicial practice has been encountered with an increase of problems.The lack of prerequisite laws has led to the obstacles of legal application.The connotation of personal information is vague and unclear,resulting in incorrect practical definition,and incomprehensive methods of sale and offer.The subjective aspect of crimes based on“intentional” standards cannot meet the current needs,and the prosecution mode of public prosecution does not develop in a way suited to the protection of legal interests in penal laws legal protection of law.It is proposed to establish a criminal law protection system for personal information based on China’s National conditions,and issue the Law on the Protection of Personal Information to clearly define the relevant concepts and terms in administrative law.It also extends and generalizes several kinds of behaviors that are more frequent and harmful in the society into the scope of criminal law protection,and sets up the "crime of negligent disclosure of personal information" separately,forming a prosecution model that focuses on private prosecution and is supplemented by public prosecution to protect citizens ’personal information.
Keywords/Search Tags:Personal information, Preemption, Elements, Fault, Private prosecution
PDF Full Text Request
Related items