Research On Legislation Perfection Of Hazardous Behavior Of Crime Of Infringing On Citizen's Personal Information

Informatization is one of the important symbols of the development of modern society.Personal information as a part of information resources,It has a very special status which often accompanied by huge economic value,and the leakage and illegal use of personal information will seriously threaten the personal and property rights of citizens.The crime of infringing on citizens' personal information must be based on illegality and meet the requirements of formal illegality on the premise of substantive illegality.We can't ask for a crime because the lawful act satisfies the serious conditions in the criminal law,so we need to further explore the understanding of the legal provisions.Personal information of citizens in the context of Criminal Law refers to data that can identify other people's identity,activities,privacy and so on.If an infringement constitutes a crime,it needs to satisfy the requirements of the Interpretation of Several Questions Concerning the Application of Law in Criminal Cases Concerning Infringement of Personal Information of Citizens,including: mode of conduct,quantity,amount and degree of harm.And so on.The types of illegal acts in the crime of infringing on citizens' personal information include transaction,penetration and possession.Transactional crime is a common crime,including buying and selling.In this part,we need to discuss that transactional behavior does not need to be based on payment consideration;the author puts forward a view that "acquisition" should belong to transactional crime.The behavior of penetration is that the perpetrator has no right to know,but unlawfully knows.Most of the perpetrators obtain personal information by stealing.However,due to the particularity of information,it can not be regarded as the crime of theft.The author proposes that the actual control and possession of personal information should be produced in order to achieve the effect of accomplished crime.Holding means that the actor abuses his dominant position in possession of personal information and damages the rights of the information obligee.For illegal possession and legal possession,there are different time points for the determination of crime,but there is consistency in the criminal acts after possession.Drawing lessons from the experience of other countries in protecting citizens' personal information,in terms of legislation,it is suggested that illegal acts that infringe on citizens' personal information should be adjusted by administrative laws and regulations,and in terms of substance,unlawful acts that do not involve crimes should be perfected.Extension and expansion of the types of illegal acts,and how to identify the types of illegal acts of "network irresponsible" human flesh search;in the procedural aspect,whether the perpetrators must accept criminal proceedings for different types of illegal acts that infringe on citizens' personal information,etc.