Identity Embezzlement By Criminal Law

With the rapid development of information society,profound changes have taken place in various fields of our society,and along with them,crimes caused by identity theft have also occurred.As the ways and means of infringement become more and more diversified,the protection of citizenship has become both urgent and difficult.Works based on the theory of citizenship protection of China and relevant information on the basis of both at home and abroad,by investigating the identity protection legislation,the promotion of the background of the origin,in the perspective of comparative law,from identity theft crime in our country and the status quo of legal protection as the breakthrough point,analyzes the identity theft crime legislation and its impact on the problem of the identity of the current protection of criminal legislation in our country to make analysis,finally summarizes the legislation and the obstacles existing in value conflicts,and then puts forward the corresponding legislative Suggestions.The thesis is divided into four chapters.The first chapter defines the concept and classification of identity theft.Chapter two analyzes the identity embezzlement behavior and the subject of citizenship protection.Chapter three compares and analyzes the criminal law identification,status quo and legislative mode of identity theft in several representative countries and regions,such as the United States,Germany,Denmark,the United Kingdom,Japan and Taiwan,so as to provide useful ideas and methods for the research on the protection of identity theft in China's criminal law.Based on the comparative criminal law,this paper makes a preliminary investigation on the provisions of identity embezzlement crimes in China and reflects on the omission of current criminal legislation.The fourth chapter of identity theft behavior cognizance should follow the principle of criminal law and the legislation question has carried on the comb,based on the theory of past achievements,based on the reality in China,based on the perspective of identity theft norms of criminal law model analyzes the constitutiverequirements of crime,some disadvantages to summarise,finally puts forward the corresponding Suggestions to perfect the legislation.This paper holds that,on the one hand,legislative departments should clearly criminalize ACTS that seriously infringe personal information;on the other hand,they should give consideration to the harmony and balance between "right protection" and "free flow",abide by the principle of minimum interference in criminal law,and uphold the prudent position of reasonable control of criminal circles.In the construction of the system of citizenship protection,we should speed up the regulation process of criminal law and establish a more rigorous legal system of citizenship protection by expanding the scope of subjects,adjusting the structure of crimes and penalties,strengthening the interaction with administrative law,civil law and other legal means.