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

At present,according to relevant statistics,90 countries and regions around the world have enacted laws to protect personal information.As far as China is concerned,China's protection of personal information started very late.Compared with the relevant units in China,the amendments to the Law Amendment(IX)and the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Personal Information of Citizens are published.However,because of the shortcomings in the initial legislation,and the main content of this interpretation text is also less,there are only a total of 13 articles.Various factors have led to the excessive discretion in the judicial practice when the judicial authorities deal with relevant cases of personal information.It violates the basic requirements of the criminal law and the principle of adapting crimes and punishments in criminal law.Therefore,in view of the status quo of China's legislation and the in-depth interpretation of the latest judicial interpretation and the Criminal Law Amendment(IX),this paper cuts through and clarifies the essence and extension of citizens' personal information,and rejects the pure tradition of personal information.The study of academic research ideas,from the perspective of judicial identification,combines the theoretical research and practical application of citizens' personal information,the constituent elements of the crime of infringing citizens' personal information,the criminal object of citizens' personal information,the behavioral manner,the conviction and sentencing standard of crime,and the crime.Several aspects,such as number form and joint crime,are deeply analyzed,discussed and studied.The crimes of crimes against personal information stipulated in China's criminal law are mainly identified,aiming to provide some enlightenment and solution for the crime in China's judicial practice.Problems in practice raise some references and contribute a meager strength.This article is divided into five main parts:The first part briefly discusses the current situation of crimes of infringing citizens' personal information in China,points out that the personal information of Chinese citizens has been seriously infringed,and summed up the new characteristics of criminal behaviors of infringing citizens' personal information in China,which are endless and socially harmful.How to determine the importance of the crime of infringing citizens' personal information provides a background.The second part mainly discusses the concept definition and characteristics of citizen's personal information,and analyzes and distinguishes similar concepts with "personal data","personal data" and "personal privacy",and clarifies the connotation of citizen's personal information.The extension lays the foundation for the in-depth study of the judicial determination of the crime of infringing citizens' personal information.The third part expounds the historical development of China's crime of infringement of citizens' personal information in the field of criminal law protection,and from the two amendments to the Criminal Law Amendment(VII)and the Criminal Law Amendment(IX)The revision of the content of the information crime is elaborated,evaluated and summarized.Although the criminal law has already regulated such behaviors,judging from the judicial practice,the crime is not uniform in the issue of judicial determination,and it is inevitable that the result of "different judgments in the same case" will appear.In the determination of this crime,there is still a great difference in the disputes that still arise in practice against the crime of infringing citizens' personal information and the problems in judicial determination,such as concepts,behaviors,serious sentencing,number of crimes,joint crimes,etc.Several aspects have been expounded.For the core part of this article,the author points out the clear direction and the detailed identification of the content of the crime of infringing citizens' personal information,and lays down the theme for the judicial determination of the crime of infringing citizens' personal information.The fourth part mainly introduces the foreign countries,the United States,Japan,Germany,and Russia to briefly describe and analyze the constituent elements of citizens' personal information crimes,and summarizes the research on the crime of infringing citizens' personal information outside the domain,and provides some reference for the judicial identification of this crime in China.And revelation.The fifth part,combined with the theoretical and practical circles,should study the identification of the crime of infringing citizens' personal information,pass the subject,the behavior object,the behavior mode,the "severe plot" sentencing,and the number of crimes in the crime of infringing citizens' personal information.Analysis of several aspects such as joint crimes and the specific criteria for identifying how to carry out the determination.