Study On The Objective Elements Of The Crime Of Infringing Citizens' Personal Information

With the rapid development of information technology,people can meet the basic needs of life and work through the network,which makes it easier to acquire,utilize and analyze citizens' personal information.The economic and political value of personal information is increasingly apparent.In recent years,the issue of citizen's personal information disclosure has occurred repeatedly.It is not a problem of a certain country,but a problem faced by the whole world.For example,in March 2018,a data analysis company(Cambridge Analytica)collected the personal information of 87 million Facebook users through an application and analyzed the user's personality,social relationships and political views.In June 2018,a user with the ID "f666666" began to sell Yuantong's 1 billion post-2014 express data on the dark network.The data information includes the sender's name,phone number,address and other information,with 1 bit.The currency is packaged for sale.That is,users can purchase 1 million Yuantong Express personal user information for only 430 yuan,and 43197 yuan for 1billion pieces of data.The process of China's criminal law on the violation of citizens' personal information keeps pace with the times and constantly improves.The Criminal Law Amendment(VII)provides for the first time to violate the personal information of citizens.In order to cope with the new situation in judicial practice,the Criminal Law Amendment(IX)in August 2015 on the crime,the subject and behavior of the crime All have been adjusted,but no explicit description of the relevant new concepts.Therefore,in May 2017,the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information,explaining the disputes over the crime of infringing citizens' personal information.This paper mainly combines the latest judicial interpretations and laws to study the objective elements of the crime of infringing citizens' personal information.According to the current theoretical circles,it analyzes the object,preconditions,behaviors and serious disputes of this crime,and puts forward personal opinions.It is hoped that the trial of the difficult problems of this crime in judicial practice will be beneficial.The first chapter of this paper introduces the composition and characteristics of the objective elements of foreign infringement of citizens' personal information crimes.On this basis,it compares and analyzes the composition,characteristics and existing deficiencies ofthe objective elements of the crime of infringing citizens' personal information.The second chapter introduces the contents of “violation of national regulations” and“related provisions of illegal countries”,and puts forward the individual's understanding of “violation of relevant national regulations” and responds to the “Interpretation of Several Issues Concerning the Application of Laws in Criminal Cases of Infringing Citizens' Personal Information”.Restricted interpretation of the content of violation of relevant national regulations.The third chapter analyzes the nature of the rights of "citizen personal information",puts forward the concept of citizen's personal information right,and then discusses the connotation of "citizen personal information" and the special circumstances of the scope of protection.The fourth chapter analyzes the behaviors of the crime of infringing citizens' personal information,including “selling”and “illegally providing” and “stealing” and “acquiring in other ways”.The fifth chapter mainly studies the criteria for the seriousness of the crime of infringing citizens' personal information,and analyzes the theoretical and practical problems of the existence of the standard.