Research On Judicial Application Of Crime Of Infringing Citizens' Personal Information

As a relatively recent criminal law legislation,the crime of infringing citizens' personal information is complicated by the lack of corresponding judicial application experience.The elements of the crime are also complicated,and some factors such as the rapid development of social reality make the crime face some crimes.The dilemma from general application to specific application.In this regard,it should be carried out from the general application of the crime to the specific application of the crime and the analysis of the elements of the elements.The principle of judicial application of the crime mainly includes the principle of humility and the principle of legal protection.The principle of humility can prevent the scope of punishment for this crime from expanding,and the principle of legal protection is mainly embodied in a function-oriented role on the basis of clarifying the content of legal interests and then exerting the benefits.The interpretation and application of this crime should also follow the basic requirements of human rights protection and the logical method of the normative system.This is of great significance for issues such as whether foreigners belong to citizens and the definition of the scope of violations of relevant provisions of the state.At the specific level of application,it is mainly based on the analysis of the constituent elements of the crime and other corresponding evidence identification issues.For example,the identification of violations,the reasonable definition of citizens' personal information,the specific clarification of violations of relevant regulations,and the seriousness of the circumstances.The issue of evidence identification is also an aspect that should be paid attention to in the specific application of the crime of infringing citizens' personal information.The principle of inversion of burden of proof should be expanded and divided.In a nutshell,the logical structure of the full text mainly includes asking questions,analyzing problems and solving problems,and conclusions.Among them,the introduction is mainly to introduce the applicable status quo and its difficult problems of the crime of illegally infringing citizens' personal information.The following specific analysis is divided into four chapters.The first chapter is mainly the legislative background and applicable dilemma of the crime of infringing citizens' personal information,mainly including violation.The legislative background of the crime of citizen's personal information and the dilemma of the crime of infringing citizens' personal information.The second chapter is mainly about the judicial application of protecting the personal information of citizens.The judicial application of the crime of protecting the personal information of citizens can not violate human rights and violate the personal information of citizens.The judicial application should follow the logic system of criminal law.The third chapter focuses on the principle of judicial application of the crime of infringing citizens' personal information,including the two principles of the principle of modesty and the principle of legal protection.The fourth chapter focuses on the specific judicial application analysis of the crime of infringing citizens' personal information,including the definition of violations,the definition of the scope of citizens' personal information,the judgment of serious circumstances,and the nature of “violation of relevant state regulations”.The dilemma of identification.The conclusion is mainly based on the generalization and discussion of the application of the principle to the applicable analysis of the judicial application of the crime of infringing citizens' personal information.