Judicial Determination Of The Illegal Acquisition Of Citizens' Personal Information By Other Means

The development of Internet technology and information society has highlighted the necessity and importance of protecting citizens' personal information.The arrival of the era of big data has overturned the traditional way of information collection and processing.From the aspects of collection,acquisition,storage and transmission of personal information,there are soil that infringes citizens' personal information rights.In order to realize the protection of citizens' personal rights,will seriously violate citizens' personal information should be included in the crime of criminal law has become the crime circle community consensus,in response to citizens' personal information network times facing the safe hidden trouble,in 2009,"criminal law amendment(7)" add "to sell or illegally provide citizens personal information","the crime of illegal for citizens' personal information",2015,"criminal law amendment(9)" article 17 further strengthened the protection of citizens' personal information density,the modification for the infringement of citizens' personal information,Subsequently,"network security law" and "general provisions of civil law" and other legal norms and judicial interpretations have been issued,and the protection of citizens' personal information has been increasingly improved.In June 2017,the supreme people's court,the supreme people's procuratorate on handle criminal cases of infringement of citizens' personal information to explain some issues of applicable law,to the behavior of the citizens' personal information crime types,sentencing standards shall be further defined,although cohabitancy applicable to this crime,but some problems still exist.Based on the current situation of judicial practice,the crime of infringing citizens' personal information mainly has two major problems: first,the "illegal" nature of the crime of infringing citizens' personal information is illogical;Second,the "other way" interpretation of the bottom line clause is unclear.The main manifestations are as follows: in the judicial interpretation,"violation of the relevant provisions of the state" has the suspicion of breaking through the principle of legality;In terms of legal protection,this crime has the feature of "criminal law first".The imperfect standard legislative protection of civil law and administrative law and the underdeveloped system of preposition law directly lead to the unclear nature of some information processing behaviors in criminal law.Therefore,it is necessary to explain the unity of "illegal" judgment in criminal law and preposition law.The problem of applying "other methods" in criminal law also exists in this crime,and how to apply "other methods" to remove pockets also needs to be paid attention to.These issues will be the focus of this article.First of all,this paper will make a legislative analysis of the crime of infringing citizens' personal information,and put forward the dilemma of the determination of this crime in the judicial application.Secondly,it will analyze and define the construction of citizens' personal information,namely the concept,scope and characteristics of citizens' personal information.Again on charges for the provision of "violation of the relevant provisions of the state" and "illegally obtained by other means" and so on the understanding and analysis,integrity and legal order from the austerity of criminal law perspective,the establishment of the crimes of infringing upon the citizen personal information must be on the premise of violation of certain provisions of the state and citizens' personal information protection by the criminal legislation front method,namely the citizens' personal information is very important for the setup of administrative laws and regulations.Finally,this paper will study the path of the crime of pocket removal,in order to have some benefits.