Research On The Fight And Prevention Of Crime Of Infringing On Citizen's Personal Information

There is a consensus on criminalizing serious infringement of citizens' personal information in legislation,judicature and theory.However,how to effectively prevent and control the crime of citizens' personal information is a difficult point in current judicial practice.What kind of use behavior does not constitute infringement of citizens' personal information and what kind of behavior only violates the law but does not constitute a crime,in fact,the legislation does not give a clear answer,which needs to be explored by the judicial practice department.After several years of judicial practice,the crime of infringing on citizens' personal information has not been effectively controlled,but the number of crimes tends to increase.It is undoubtedly the most pressing problem in the current judicial practice that why criminal justice is unable to cope with the crime of infringing on citizens' personal information.Firstly,with the promulgation of the Criminal Law Amendment(7)and the Criminal Law Amendment(9)as the main dividing line,the development of the crime of infringing on citizens' personal information in China can be divided into the unawareness period,the establishment period and the perfection period.The protection of infringing on citizens' personal information by criminal legislation has tended to be improved.However,the advent of information technology has also brought great challenges to judicial practice,especially the diversification of criminal subjects,the concealment of criminal acts and the extension of criminal chain,which makes it difficult to eradicate crime.The treatment of crime of infringing on citizens' personal information can be divided into four stages: the main treatment,the strong treatment-weak treatment,the strong treatment-weak treatment and both the symptoms and the symptoms.At present,China is in the second stage.It is an important prerequisite for effective governance to grasp the characteristics of the crime at this stage.Secondly,at present,there are three main problems in the prevention and control of the crime of infringing on citizens' personal information in our country.Firstly,the misunderstanding of the application of the criminal policy of Combining Leniency with strictness is manifested in the emphasis on cracking down on prevention,on the quantity of information leakage and on the risk of information leakage.Secondly,there are phenomena of selective judicature and excessive criminalization,which are detrimental to judicial authority.Third,in the process of enforcing the law and supervising the crime of infringing citizens' personal information,the cooperation is not effective,which leads to many crimes can not be investigated or dealt with in time.Finally,on the basis of the improvement of legislation,the prevention and control of crimes against citizens' personal information should start from three aspects: criminal policy,criminal justice and criminal law enforcement.In terms of criminal policy,we should accurately understand the position of the criminal policy of tempering justice with mercy in the crime of infringing on citizens' personal information.In criminal justice,we should strengthen the cooperative investigation of crimes against citizens' personal information,pay attention to the boundary between the rational use of information and crime,and prevent the original innocent act from being treated as a crime.In criminal law enforcement,we should build a strict law enforcement system for infringing on citizens' personal information,strengthen the co-construction of regulatory mechanisms,and strive to eliminate the number of crimes and reduce the opportunities for crime.