The Judicial Application Of The Crime Of Infringing The Personal Information Of Citizens

In recent years,our country has begun to pay attention to the protection of citizens' personal information in order to seek solutions to the continuous infringement of citizens' personal information that has been plagued by the public.Although China's laws,such as the Constitution,civil law,and administrative law,involve provisions concerning the protection of personal information of citizens,a complete and unified Law on the Protection of Personal Information of Citizens has not yet been formulated and promulgated.In the past,China's “Criminal Law” has undergone various amendments.The protection of citizens' personal information has gradually improved,and it can gradually adapt to various social violations of citizens' personal information crimes.However,in our country's current judicial practice,not only has the behavior of citizen's personal information infringement,disclosure,and illegal exploitation been industrialized,but also a variety of new forms of behavior that infringe upon citizens' personal information,all of which have resulted in fraud,abduction and kidnapping.Serious crimes such as extortion and extortion provide convenience.Criminal activities that infringe on personal information have therefore become an object of abhorrence to the public throughout the country.How to effectively combat this embarrassing criminal activity requires the Chinese judicial authorities to make active solutions.Therefore,not long ago,the two high jointly issued the “Supreme People's Court,the Supreme People's Procuratorate on thehandling of a number of criminal cases of infringement of personal information applicable to the interpretation of the law” and related typical cases.Although there are many advances and merits in this judicial interpretation,there are still some difficult problems that make it difficult to implement in judicial practice and require further discussion,research,and argumentation.In addition to the introduction,this article is divided into four parts:The first chapter first discusses the significant value and risks faced by citizens' personal information in the era of internet big data,and thus derives the great significance of protecting citizens' personal information,thus criminalizing the violation of citizens' personal information in the Criminal Code.The regulation laid the theoretical foundation.Then it elaborated on the cases of the disclosure and infringement of the personal information of Chinese citizens in recent years,and pointed out that it is necessary to vigorously combat the urgency and necessity of such crimes.This further studies the legislative evolution of the criminal law on the infringement of citizens' personal information crimes in recent years,and conducted a preliminary comparison,affirming its progress.Finally,the writer will clarify the deficiencies that still exist after all updates,with a view to solving the definition of citizen's personal information,the violation of state regulations,and the violation of citizens' personal information crimes on the basis of the latest judicial interpretations promulgated by the two companies.Define these three major issues.The second chapter is divided into two parts.The first part will make a correct understanding of the term “citizens” and believe that citizens should include foreigners and stateless persons in crimes against citizens' personal information.Although citizens have a unique connotation as a traditional legal concept,if they completely regulate the crime of infringing on personal information according to the concept of the citizen,they will lose the criminal law protection of foreigners or stateless persons.Therefore,the interpretation of the term “civilian” makes it necessary for the criminal law to effectively combat and protect against such crimes.The second part is the identification of “personal information”.The first is the meaning of personal information,which is its scope.In the determination of scope,it is necessary to start with the characteristics of personal information.Secondly,grasping the characteristics of personal information is a matter that needs to be treated with caution.The criminal law should follow the principle of humility,and should not make too specific provisions on personal information without pre-positioning.Recognizability and commercial value will be its main features.Finally,the number of relevant personal information,which involves the initial standard of proof and the final sentencing circumstances.As for the determination of bulk personal information,the judicial interpretation has not given specific figures.The author believes that5,000 articles are more reasonable.The third chapter consists of three parts.The main research object is the explanation of “violation of the relevant regulations of the state” in judicial interpretation.In the first part,because many scholars believe that regulations should not be interpreted into national regulations,this layer violates Article 96 of the“Criminal Law,” which states that “in violation of state regulations”.It is contrary to the principle of a legally prescribed punishment for crimes.The author will deny this view.In the second part,the author will proceed from the point of view of interpretation and use the method of purpose interpretation to make a correct interpretation of “violation of the relevant regulations of the State”.This will not only prove that he has not violated the statutory provisions for crimes,but also compares to other interpretation methods.Make reasonable explanations.In the third part,the writer will discuss the rationality and irrationality of “as a violation of the relevant regulations of the state” as a blank count,and recommend that the “Civil Personal Information Protection Act” be introduced as its predecessor method as soon as possible.The fourth chapter will discuss the behavioral methods of infringing on citizens' personal information crimes,including purchase behaviors,illegal exploitation behaviors,and human-flesh search behaviors.Among them,illegal use has not yet been clearly convicted,resulting in a large number of crimes derived from the use of personal information,the Chinese judicial system can only proceed from the downstream crimes,and neglect the protection of citizens' personal information rights.Therefore,I believe that the illegal use of the act should be one of the crimes.As for purchasing behavior and human-flesh search behavior,although the judicial interpretations of this time all stipulate their as criminal offenses,the author believes that both behaviors are inevitable outcomes that follow the trend of internet big data,and should be considered from both sides of the advantages and disadvantages.To guide and manage the two kinds of behaviors in a legal way,rather than to punish directly and directly from the provisions of the “Criminal Law”.