On The Crime Of Infringing Citizens' Personal Information

The arrival of the information age has highlighted the important value of personal information,and the protection of personal information has become particularly important.This article is based on the Criminal Law Amendment(IX)and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information,and analyzes some issues in the crime of infringement of citizens' personal information.In addition to the introduction and conclusion,this article has four parts.Citizens' personal information is the criminal object of the crime of infringing citizens' personal information.The problem in the identification is that the concept is difficult to define.Personal information is a concept that is unique to the law and is based on the concept of information in the fields of philosophy and science.The concept of citizen's personal information is based on the concept of personal information and refers to information that can identify a citizen's personal identity.It has four characteristics: identifiability,subject is natural person,extensive,and criminal law protection.There are three categories,general information and special information,public information and private information,direct identification information and indirect identification information.In addition,there are difficulties in the identification.Analysis: The personal information of foreigners and stateless persons adheres to the principle of territoriality in the identification,and the personal information of the deceased and public figures adheres to the principle of equality.The violation of citizens' personal information is the most important constituent element of the objective aspect.The paper discusses the four behaviors of the crime of infringing citizens' personal information.The "sale" behavior is essentially a paid transfer behavior.The simple "sale" behavior does not exist legally and illegally.It aims to emphasize the illegality of behavior.The "sale" in criminal law is different from the "sale" in civil law,so " The “sale” behavior is not based on the consideration,and the scope of the “sale” behavior should be property and property interests.“Providing” includes paid provision and free provision.This crime emphasizes the illegality of the act.When it is determined,it does not take profit.The “sale” and “provide” are parallel.The "stealing" behavior is not based on secrets in the determination,and is not based on the premise of possession."Illegal method acquisition" belongs to the stipulations of the stipulations,and the emphasis is on the meaning of "illegal".The seriousness of the plot is a conviction plot in this crime.The main criteria for identification in the academic circle are the single certification standard and the multi-level recognition standard.Combined with the interpretation of "two highs",China is currently adopting a single mixed multi-level model,which is mainly summarized as five kinds;the identification criteria are classified according to the type and quantity of information;the identification criteria according to the purpose of information;and the identification criteria according to the identity of the subject;According to the situation of the former branch,the standard is determined;However,the identification of "two highs" after the implementation of "serious circumstances" still has problems in judicial practice,and this paper analyzes these issues.Subjective aspects of this crime should be considered intentional,including direct intentional and indirect intentionality.Negligence does not constitute this crime,this crime is not a purpose.