A Study On The Judicial Cognizance Of The Crime Of Infringing Upon Citizens' Personal Information

With the rapid development of information technology,the society has entered the era of big data.While the free flow of information brings convenience to people,it also increases the risk of personal information being infringed,and even causes many serious consequences.The criminal law responded to the harmful acts of infringing on citizens' personal information in a timely manner.In 2009 and 2015,the criminal law amended and improved the acts of infringing on personal information,and built a solid criminal legal protection wall for the protection of personal information rights.Due to the vagueness of legislative language,some problems have been exposed in the process of identifying and dealing with the crime of infringing personal information in judicial practice.For example,concerning the scope of"personal information",the objective aspects of the crime,the standard of conviction and sentencing,and the principle of application of criminal punishment,there are still some inconsistent phenomena in judicial practice.This article will focus on the scope of citizens'personal information,the identification of behavior and the circumstances of the crime,and provide ideas for the judicial identification of the crime of infringing on citizens' personal information from the starting point and the foothold of judicial practice.