Research On Several Issues In Infringement Of Citizen’s Personal Information

At the present,the development of the information technology not only bring us convinience but also crimes.Currently,citizen’s personal information has become a heated resource,under this background,there are many similar crimes happening in our society,it’s perniciousness can not be ignored.In 2007,criminal law amendment 7 regulate this crime firstly,then in 2009,criminal law amendment 9 consummates this crime.Not long ago,judicial interpretation has consummated this crime from all sides on the base of criminal law amendment 9,such as punishment fits the crime and the judicial application.However,after the enact of judicial interpretation,there are still exist many problems,for instance,confound the meaning of illegal collect and illegal acquisition.In addition,the illegal use of citizen’s personal information is still not be regulated.Appart from abstract and epilogue,this article has been divided into three chapters.The first chapter is mainly about current situation of citizen’s personal information protection.It has been divided into two parts:The legal situation and the problems of the legal protection.In addition,thelegal situation has been divided into two parts:The Administrative law and The Criminal law.Administrative law:1.in our country,the laws of protecting citizen’s personal information are widely distributed in many administrative laws.2.Compared with foreign countries,such as America;The Swedish;England,our country doesn’t have a law of protecting personal information.3.Network security law has been enacted not long ago,its four chapter is mainly about protecting personal information,and the punishment of infringing citizen’s personal information.Penal law:The regulation about infringement of citizen’s personal information in judicial interpretation and criminal law amendment 7 and 9.The second part expounds the problems of the convergence between the administrative law and the penal law.Fristly,the infringement of citizen ’ s personal information is a administrative crime,one of the premise of this crime is ‘violate the relevant state regulations’,and the judicial interpretation explains what’s the meaning of ‘violate the relevant state regulations’,so the crime mentioned above needs a prepositive administrative law,in the process of the convergence between the administrative law and the penal law,problems occured.Fristly,the concept of illegally obtain and illegally collection have been confused,in the‘Network security law’,the two concepts are different,however in the related Judicial interpretation,they have the same status.Secondly,the penal law haven’t regulated the illegal use of personal information,but the‘Network security law’has regulated the behavior mentioned above.Thirdly,the fine regime and the penal sum regime don’t link up well.The third part is about the problems of the article 5 in judicial interpretation.one is the boundaries between personal information are notclear,the other is the illegal income can’t deal with the the judicial practice correctly.Another is the problems of article ten in the judicial interpretation.