Research On Crime Of Infringing On Citizen's Personal Information

With the development and application of information technology,information resources have gradually become an important social wealth and production factors.The commercial value and social value of personal information of citizens are increasingly prominent.Personal information is no longer only a function of subject identification,it has become a valuable resource containing huge business value,and it has become an aspect of personal interest profit and loss of citizens.In the current era of big data in information network,the problem of illegal access to,sale and provision of personal information is becoming more and more serious,which not only infringes on the rights and interests of personal information,but also poses a serious threat to citizens'personal,property,privacy and normal working life.Up to now,China has not formulated a complete and unified personal information protection law.Personal information protection and its related provisions are scattered in various laws,administrative regulations,departmental rules,local laws and normative documents.For example,the criminal law of the people's Republic of China,the Law of the People's Republic of China on the Protection of Consumer Rights and Interests,the Passport Law of the People's Republic of China,the Identity Card Law of the People's Republic of China,the Statistics Law of the People's Republic of China,the Law of the People's Republic of China on the Protection of Minors and the Lawyers Law of the People's Republic of China all.However,the status quo of these decentralized legislation makes the protection of personal information lack of coordination;many article only stipulate the confidentiality obligation of personal information,but not the punishment method;the protection of personal information is not comprehensive,and there are loopholes in the punishment of new crimes,the focus of punishment for crimes is also biased,and the legal protection of protecting citizens'personal information needs to be studied systematically.This article is divided into four parts.The first part focuses on the relevant concepts of criminal protection of personal information of citizens.The first task should be to clarify the concept of personal information of citizens involved and the necessity of criminal protection;the second part analyzes the current situation and problems of legislation on the crime of infringing upon citizens' personal information in China,and studies the behavior mode of the crime of infringing upon citizens' personal information in China from the background of the protection of citizens' personal information in China.The third part mainly studies the criminal legislation protection of citizens'personal information in foreign countries;the fourth part mainly analyzes the measures to improve the criminal legislation,that is,to make pre-existing laws,to increase negligent crime,to expand the mode of criminal behavior,and to clarity the object of crime.It is hoped that the research in this paper can play a perfect role in the current criminal law protection of infringing personal information of citizens.