Thinking On Several Practice Problems Of The Crime Of Infringement Of Citizens' Personal Information

With the rapid development of modern communication technology and Internet technology,personal information of citizens is faced with a huge risk of being illegally acquired and exploited,and information security is often threatened.Personal information relying on the Internet has greatly increased the danger of leakage.It is even more common for criminals to steal and exploit personal information.As a result,a large number of related crimes such as telecommunications networks and fraud have posed a serious threat to citizens' personal safety,property safety and social order.In order to more accurately crack down on infringement of personal information of citizens and protect the personal information security of citizens,the Criminal Law Amendment(9)revises the criminal acts of the infringement of personal information of citizens and replaces "selling and illegally providing personal information of citizens" with The crime of "illegally acquiring citizen's personal information" was summed up as "infringing personal information of citizens",expanding the extension of the criminal subject,dividing the standard of incrimination and the circumstances of the sentencing into consideration,and greatly strengthening the criminal law protection of personal information of citizens.After the promulgation of the Criminal Law Amendment(9),the Supreme People's Court and the Supreme People's Procurator ate jointly released on May 9,2017 Interpretation of the Supreme People's Court and the Supreme People's Procurator ate on Several Issues Concerning the Application of Law in Criminal Cases of Infringement of Citizen's Personal Information,mainly clarifying the scope of citizen's personal information,the objective act of infringing personal information of citizens,the conviction and sentencing standards of serious circumstances and the circumstances are particularly serious,and the principle of punishment.The promulgation of this judicial interpretation has clearly defined the standard of criminalization in judicial practice,which is of great significance to punishing and effectively preventing crimes that infringe the personal information of citizens,and also provides valuable material for study.From the perspective of Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizen's Personal Information,I discuss the definition of citizen's personal information,objective acts of crime and sentencing standards in judicial practice in my article.The first part is an overview of the personal information of citizens,divided into three sections to discuss the scope and legal attributes of the citizen's personal information.The first section explains the term Citizen in a literal way,and identifies the personal information of the most controversial stateless persons,foreign citizens and deceased people separately.Among them,the foreigners and stateless persons involved in the interpretation are subject to the information normally demanded by this international crime.However,since the deceased's personal information is generally not considered to be protected by criminal law due to its abilities,explain the definition of personal information as natural information.From the different theories of the academic circle,the second section discusses the One Benefit and Multi-legal Benefits and the Narrow Sense and Generalized Sense respectively related to the scope of personal information,and summarizes the legal attributes of citizen's personal information.According to the latest judicial interpretation,the scope of citizen's personal information includes information of identity and activity,which has the same and essential characteristics of identification,including the identification ofindividual or combination of other information,the ease of identification and the information privacy related.This paper summarizes the theoretical and practical experience that the identity information and activity information that can not be identified are not protected,and the personal information without privacy characteristics is not necessary for protection.Section 3 starts from the case of mass theft of personal information of citizens in some internets and discusses the Proportional Method and Equivalent Method.The second part discusses the objective behavior of infringing the personal information of citizens.The first section introduces sale and provising,focusing on the premise,violating the State regulations.The second section focuses on the objective behavior of illegal acquisition.This section also proposes that purchase behavior should be stipulated separately because the buyer's needs often stimulate the transaction and the social order is similarly destructive.The third part discusses the sentencing standards of judicatory interpretation and other crimes often associated with judicial practice.In terms of the sentencing circumstances,the standard of serious circumstance is mainly discussed.Number of information,Profit amount,The number of acts and Endanger consequences can help us to identify.In the third section,we discuss the crime of infringement of personal information of citizens and other related crimes so that we can clarify the relationships between a crime and several other crimes.