Research On Criminal Legislation Protection Of Personal Information

With the networking and informatization,people’s life style has undergone a revolutionary change.During people’s daily life,more and more information is exchanged and people exchange information more and more to obtain resources and values.The extensive exchange of information facilitates people’s daily life,production and work,but it also brings unstable factors to people’s life.People are also facing various crises brought by the data era,and personal information is often violated.Due to the complexity of the legal rights and interests involved in personal information,it is closely related to the rights of personality,privacy,property rights and other legal rights and interests stipulated in current laws and regulations,and has independent protection values.Therefore,it is of great practical significance to discuss the current situation of personal information protection and the improvement of legislation in China.The protection of personal information in China has been constantly enriched and improved theoretically.The definition of personal information has been gradually defined,the scope of personal information has been continuously expanded,the distinction between personal information and related concepts has been gradually clarified,and the judgment of legal rights and interests involved in personal information has become more and more accurate.China’s achievements in the general theoretical research on personal information have laid a solid theoretical foundation,provided a scientific and reasonable research path,and provided a certain degree of technical support.This paper starts from the general theory of personal information on the basis of the existing literature research at home and abroad,in foreign legislation on personal information protection practice for reference,and by domestic legislation on personal information protection as the breakthrough point,and systematically analyzes our country of the insufficiency in the protection of personal information,including the lack of system level and the legislative level.The paper emphatically analyses the legislative level,especially the provision of article 253 of criminal law crime of infringement of citizens’ personal information,from the definition of the concept of personal information,violation of the scope of the information subject,preposition regulations,the provisions of crimes,the legal punishment of the Settings,then brings forward the way to the application stage,forensics,the bearing of the burden of proof and so on,thus carried on the detailed interpretation and expounded,and then put forward a series of Suggestions and improve the measures of solving the problem,in order to protect personal information of criminal legislation in China the construction of reference and improvement,for personal information protection in China may render a bit.Through the systematical analysis and argumentation,this article puts forward the research conclusions at the end,which is,under the background of big data and information,information exchange and data sharing has become the norm in people’s life,the information is abused has become the norm,therefore,can set up a scientific,reasonable,perfect the legal system for protecting personal information,bears on the immediate interests of the natural person and the benign development of the society.And then,the country needs to further improve the legal system for protecting personal information,especially the need to perfect the legislation,including formulated special regulations to protect the information of personal,to protect personal information of relevant administrative rules and regulations,perfect the regulations of special industry regulations,such as on the internet,to perfect criminal legislation,and such measures will play an important role for the perfection of legal system of personal information protection in China.