Legislative Research On The Crime Of Infringement Of Citizens' Personal Information In The Age Of Big Data

Through empirical research,the criminal characteristics of Chinese citizens' personal information is scaled violations of personal information,diversified the purpose of obtaining personal information,the specialization and diversity of criminal behavior methods.Through theoretical analysis,the concept of the identification and relevance of citizens' personal information is defined,and the legal interests of this crime is determined to be the right of personal information and containing personal attributes and property attributes.In the criminal chain of illegal obtain-possess-utilize citizens' personal information,the illegal obtain,supply and sale of citizens' personal information stipulated in the criminal law is too narrow to fully evaluate the violation of citizens' personal information.However the number of convictions for this crime has been seriously out of touch with judicial practice in the jurisdictional interpretation,limited to the track of the purpose of the standard of narrow scope,the absence of prior legislation resulting in "illegal" norms difficult to judge.Based on the above-mentioned problems,it is proposed that illegal possess and utilize should be criminalized,the quantity standard of citizens' personal information should be raised,the application of the target standard should be expanded,and a systematic system of personal information protection should be established.