Criminal Law Protection Of Citizens' Personal Information

The development of the era of big data highlights the value of citizens' personal information,and the concept of personal information rights has emerged at the same time.At the same time,it has also spawned an endless stream of crimes against citizens' personal information.In order to alleviate or even eliminate the harm of such crimes to individual citizens and the whole society,we urgently need to play the function and role of criminal law and increase the protection of criminal law.To this end,the Criminal Law Amendment(VII)and the Criminal Law Amendment(IX)have been strictly regulated.Since then,the "Interpretation of Several Issues Concerning the Application of Laws in Handling Cases of Infringement of Citizens' Personal Information"(hereinafter referred to as "Interpretation")has made specific and systematic provisions on the application of law in judicial practice.The series of regulations have been introduced to let us see the importance attached by our criminal law to the protection of citizens' personal information and the strict attitude that has always been upheld.However,it is impossible to do everything in one go,perfection,and many of the above-mentioned provisions are inevitably present at the same time.The author has carried out relatively shallow research in this paper by using the literature research method and comparative analysis method,so as to call for more power to be invested in the criminal law protection of citizens' personal information,so as to effectively protect the citizens' personal information rights.This paper is divided into five parts: The first part is the introduction part.The author briefly puts forward the writing background,significance and method of this article.The second part is the general situation of citizen's personal information criminal law protection.This part mainly summarizes the personal information of Chinese citizens.The development of criminal law protection,legislation,judicial overview and the author's personal evaluation of the progress and deficiencies of criminal law protection.Among them,in the context of development,it briefly outlines the continuous development of the content of citizen's personal information protection in China's criminal law,the scope of its expansion and the strengthening of its strength.In the legislative overview,the relevant provisions on the personal information of citizens in the Criminal Law Amendment(VII)and the Criminal Law Amendment(IX)are described in detail.In the judicial overview,the main contents and outstanding features of the Interpretation are described in detail.Finally,in view of the above-mentioned series of criminal laws and regulations on citizens' personal information,the author has made some evaluations from the perspective of criminal law protection of citizens' personal information,including two aspects of progress and deficiencies.The progress includes not only the direct and comprehensive protection principle that the Criminal Law Amendment(VII)began to establish,but also the expansion of the scope of criminals and criminal acts in the crime of infringing citizens' personal information.And "Interpretation" combined with the characteristics of the current crime of infringing citizens' personal information and the main problems in judicial practice,and guided by this,a series of provisions on the legal application of the crime of infringing citizens' personal information.The inadequacies are reflected in the absence of “pre-emptive law”,the seriousness of “criminal law first”,“heavy attack,light management”,the need to strengthen the application of criminal law,and the lack of regulation of “infringement of citizens' personal information”.The third part is the judicial identification of the crime of infringing citizens' personal information.In this part,the author discusses the limitations of the content of the interpretation in the content of the interpretation and the ten typical cases that are listed to demonstrate the current citizen's personal information.The outstanding problems in the practice of crime,such as the scoping of the personal information of citizens,the misunderstanding of the "violation of the relevant provisions of the state",the classification of behaviors,the serious definition of the plot and the serious definition of the situation;the fourth part is the extraterritorial The reference to the protection of citizen's personal information criminal law,this section through the enumeration of the EU and the United States and France,which protect the personal information of citizens earlier and more comprehensively,briefly expounds that their different development models aim to provide ideas for China to learn from the advanced experience;Part of the improvement of criminal law protection for citizens' personal information,this part is mainly for me.The deficiencies in the protection of criminal information of national citizens' personal information have raised some suggestions for improvement: First,we must establish a unified legislative approach,formulate the "Personal Information Protection Law",and solve the problem of "pre-existing" law deficiency and "criminal law first";By accurately defining the rights and attributes of citizens' personal information,adjusting and perfecting the criminal law's protection of citizens' personal information;once again,improving the regulation of "infringement of citizens' personal information",including the definition and increase of "infringement" of objective behaviors,Thinking and consideration of guilty guilty,enrichment and perfection of criminal punishment measures for this crime,and exploration and selection of the criminal prosecution mode;finally,aiming at solving the "heavy strike and light management" existing in the crime of infringing citizens' personal trust The problem,the author believes that we should consider the multi-faceted and all-round development,and commit to the construction of a protection system for the diversification of citizens' personal information.Through the above-mentioned less mature discussion,this paper aims to call on all sectors to invest more power to develop and improve the criminal law protection of citizens' personal information.