On The Criminal Law Regulation Of Infringing Personal Information Of Citizens

With the advent of the era of network information,the technical means are constantly updated,and various high-tech means are blooming in this era,which has changed the production and life style of traditional society,and also brought great convenience to our life and work,but also derived a series of new social problems.The personal information of citizens has always existed,but with the continuous development of society in recent years Its great value has also been explored.Accordingly,the protection of personal information of citizens has also been put on the agenda.But before that,it was only regulated in the field of civil law and administrative law.From the amendment to criminal law(7),the regulation of personal information of citizens in criminal law began,but there are still some problems.This paper will focus on me from five aspects The criminal law regulation of personal information of Chinese citizens is studied in order to get the relevant perfect theory.The first part,starting from the characteristics of the current era,analyzes the concept of the personal information of citizens,through the study of the connotation of the personal information of citizens,combined with the latest judicial interpretation,explores its connotation,that is,subjectivity,identifiability,timeliness and value,then analyzes its legal attributes,and puts forward three main theories about the personal information of citizens(namely The theory of ownership,the theory of personality and the theory of privacy are listed,and their advantages and disadvantages are explained in turn.At the same time,the content of the criminal law regulation of infringing personal information of citizens is discussed in a practical sense.The second part,first of all,through the research on the legislation of criminal law regulation of infringing personal information of citizens in our country,the criminal law of 1997 before the amendment(7)of criminal law is similar to the crime of protecting personal information of citizens,such as the crime of illegally intruding into the residence and the crime of opening,concealing,destroying the mail and telegram without permission,and so on Line analysis,study and violate the similarities and differences of citizens' personal information crime.In the Seventh Amendment to the criminal law,the crime of infringing upon citizens' personal information formally appeared.The progress of the criminal law was studied,and the shortcomings were analyzed.For example,the subject of the crime was too narrow.It was only aimed at the workers of state-owned units or special units,which could not guarantee citizens' personal information security very well,but it was commendable Local governments,for example,have for the first time included the infringement of citizens' personal information as a type of crime in the criminal law.In the Ninth Amendment to the criminal law,it further improved and expanded the subject of the crime,combined the two kinds of crimes,and generalized a crime of infringing the personal information of citizens.At the same time,it subdivided the relevant legal punishment grades,and guaranteed the punishment for the crime.In addition,some of the provisions in the 2017 two high school's interpretation on Several Issues concerning the application of law in handling criminal cases of citizen's personal information involve the limitation of citizen's personal information crime,the interpretation of the definition of citizen's personal information and the standard of conviction and sentencing.The most important thing is to show the standard of serious circumstances in a quantitative form,which also makes it possible in judicial practice Through studying the characteristics of the crime of infringing the personal information of citizens and comparing the outstanding characteristics of this kind of crime at present,we can put forward better suggestions to improve the criminal law regulation of our country.The third part,after the research on the current situation of the criminal law regulation of legislation and judicature in our country,summarizes and analyzes the existing problems.In legislation,it is mainly about the definition of citizen's personal information.Although the corresponding concept has been given in judicial interpretation,it is still faced with the problem that is not comprehensive.At the same time,the lack of some supporting laws also makes the criminal law unable to effectively connect with other laws when regulating violations of citizen's personal information,which is not conducive to the improvement of the legal system And the objective aspect of crime is not comprehensive enough,and the way of entering crime is relatively single.In the aspect of justice,it is the lack of subjective attitude of negligence,which may lead to the failure to ensure the safety of personal information of citizens,followed by the anonymity processing standard,which is also a technical standard that is not easy to grasp.The research on the existing defects can help to build the legal system of criminal law regulation of infringing on citizens' personal information.The fourth part,through the comparative analysis of the main countries of the common law system,the United Kingdom and the United States,as well as the Hong Kong Special Administrative Region,which inherits the tradition of the common law system,studies the outstanding legislative experience,carries on the technical reference by the comparative way,and studies from the legislative content and the criminal punishment way.At the same time,it studies the criminal regulations of personal information of citizens in Germany,Japan,Macao Special Administrative Region of China and Taiwan,analyzes the contents of personal information protection law of Japan,and references the legislative contents of other countries,so as to further promote the criminal regulations of personal information of citizens in China To improve the system.In the fifth part,based on combing the current situation of criminal law regulation of infringing upon personal information of citizens in our country and drawing on the relevant excellent legislative experience at home and abroad,the author puts forward some suggestions on criminal law regulation of infringing upon personal information of citizens in our country.Firstly,we need to expand the scope,aiming at the connotation of personal information of citizens,so as to achieve effective norms,and launch a special prepositive law Laws,such as the personal information protection law,link up with the criminal law,improve the relevant legal system,so as to improve the legislation of infringing on citizens' personal information.Secondly,according to the defects mentioned above,by adding the subjective attitude of illegal use and negligence,as well as formulating strict anonymous treatment standards,we can improve the system of criminal law regulation of infringing on citizens' personal information in China,promote the better grasp of the behavior mode and the standards of entering into a crime in judicial practice,and better protect citizens' personal information The safety of interest and the protection of the legitimate rights and interests of citizens.