Research Of Severalproblems On Crime Of Infringing Personal Information Of Citizens

With the arrival of the Internet age and the widespread use of big data have brought about earth-shaking structural changes in the whole society.Citizens personal information has increasingly become an important resource and wealth,and accompanying them is the phenomenon of infringement of citizens personal information which is occur more and more frequent and diverse,and the intrusion of citizens information as a means to commit other crimes is also very rampant.In contrast,China's current criminal law protection of citizens' personal information is at an early stage.Although the Criminal Law Amendment Nine clearly stipulates the crime of infringement of citizens' personal information,it also provides specific judicial interpretations.However,there are still problems such as unclear concepts and inadequate supporting systems.This article aims to conduct a preliminary discussion of part of the issues of the crime of infringement of citizens personal information,rather than pursue the completeness of the system.After sorted out the existing legal provisions and academic discussions,we have conducted preliminary explorations of crime of infringing personal information of citizens from four parts,and raised some new questions in order to provide suggestions on judicial practice.The first chapter is the definition of "citizen's personal information".By collating the existing research materials and comparing the corresponding foreign legislation,this paper collated and discussed the current concept,connotation and extension of personal information and the scope of citizens and draws a opinions.We believed that the definition of personal information should adopt the recognition mode,that is,personal information refers to the information that can be directly or indirectly linked to the subject of information,and its scope should be limited to thepersonal information of the information subject and whether the citizen s personal information is disclosed does not affect the identification of personal information.Although the personal information of deceased persons,stateless persons and foreigners deserves our protection,at this stage,we should not break through the scope covered by legal language and identify the deceased and stateless as the "citizens" which in "citizen's personal information".The second chapter is the research on the behavioral identification of the crime of infringement of citizens' personal information.First of all,through the methods of interpretation of the text and the system,this article summarized some of the behavioral methods stipulated in the crime of infringement of citizens personal information,and specified the specific differences between different behaviors.However,at the same time,the distinction is still limited to a certain extent,and there are still many ambiguities to be clarified.At the same time,we believed that it may also be considered in the legislation,the illegal access,use,storage,modification,deletion and other violations of personal information regulation.Secondly,this article also analyzed the premise of tcrime of infringing personal information of citizens,that is,violation of the relevant regulations of the state,and clearly clarified the State relevant regulations and the State regulations stipulated in Article 96 of the Criminal Law,and the National Regulations should specifically include the laws and decisions formulated by the National People s Congress and its Standing Committee,the administrative regulations formulated by the State Council,the administrative measures provided by the State Council,the decisions and orders issued by the State Council.The normative documents formulated and issued by the State Council s subordinate departments,the State supervision Committee,the Supreme People's Procuratorate,and the Supreme People's Court.At the same time,the illegal distinction between violation of state regulations and unlawful provision of citizens personal information was also clarified.The third chapter is the research of the accomplices in the crime of infringement of citizens personal information in the Internet era,and points out that the characteristics of the Internet,such as immediacy,anonymity,interactivity,and breadth,will inevitably affect the accomplice of the crime of infringing on citizens personal information.The establishment of an accomplice in crimes of citizens personal information may face the dilemma of inconsistent behavior between different doers and the scope of attack is too large.The fourth chapter is the research on the connection between administrative responsibility and criminal responsibility for infringement of citizens' personal information.It can be found that the provisions of the Administrative Law on the infringement of citizens personal information and the provisions in criminal legislation all have problems of convergence in the form and content of legislation,such as inconsistent legislative provisions,inconsistent linking of responsibilities,uncoordinated scope of responsibilities,improper convergence during the free penalties,improper connection of fines and fines,etc.