Research On The Crime Of Infringing Citizens' Personal Information

In the context of the rapid development of the Internet,the collection and acquisition of information has become an important way to accumulate social wealth.The act of collecting and utilizing citizen personal information has also become a potential threat to the personal information security of citizens.On the one hand,it is reflected in the violation of citizens' personal information.On the other hand,through the acquisition of citizens' personal information as a means to breed a series of related crimes,it has seriously infringed on social legal interests and public interests.Although China has introduced a series of laws,regulations and judicial interpretations to regulate the violation of citizens' personal information,many problems have arisen in the process of judicial practice,and most of the existing research results remain at the theoretical level,analyzing the violation of citizens,the legislative significance,the constituent elements of the crime of personal information,and the level of perfection;or focus on understanding and analyzing the specific content of judicial interpretation.Few scholars have further analyzed the crime of violating citizens' personal information and relevant legal provisions in combination with cases in judicial practice.In my opinion,it is not enough just to stay at the theoretical level,we should pay more attention to judicial practice.This paper focuses on the application of the crime in judicial practice,as well as the problems in the process of conviction and sentencing by quoting "interpretation",and makes in-depth thinking and analysis of these problems,and puts forward the corresponding countermeasures.The author believes that in addition to theoretical research,it is necessary to make rational use of specific cases in judicial practice,and use empirical research methods to find problems and solve problems in the process of using theoretical solutions to solve actual cases.By using the Chinese judicial documents network,the author set the conditions as "criminal cases","citizens' personal information","H province" and "judgments",and limited the time to two years in 2017 and 2018,and retrieved 74 criminal judgments.Through summarizing the judgments word by word,we will explore the problems that may arise in judicial practice,and propose corresponding countermeasures based on the specific analysis of specific problems.The first part is the investigation of the judicial practice of the crime of violating citizens' personal information.First,the basic information of 74 criminal judgments in H province is introduced,such as the conviction,penalty judgment and trial procedure of the judgment.The second is to analyze the basic characteristics of the crime of violating citizens' personal information,mainly the main characteristics and behavior patterns;The third is to summarize and summarize the disputes in charge and defense in the sample judgment,which are mainly about the identification of citizens' personal information and serious circumstances.The second part,based on the first part,deeply excavates and analyzes the problems existing in the crime of violating citizens' personal information in judicial practice.Firstly,the concept and scope of citizens' personal information should be clarified.Secondly,the subject scope and behavior mode of the crime of violating citizens' personal information should be analyzed.Finally,the identification of "serious circumstances" is analyzed;In the third part,based on the analysis of the problems,from the legislative level and judicial level,the author puts forward corresponding Suggestions to improve the relevant system of punishing the crime of violating citizens' personal information.From the legislative level,build a more complete legal protection system,accelerate the development of relevant special legislation;From the perspective of judicature,the scope and responsibility of the subject should be further clarified by expanding the interpretation,so as to further clarify the identification criteria for serious cases.