| In modern society,the rapid development of science and technology has brought us many conveniences,but at the same time,many new types of crimes,especially crimes against personal information of citizens,have been repeatedly banned,which have seriously threatened people's daily lives and affected citizens and society.Safety is extremely dangerous.We continue to receive various advertising sales calls,text messages,and even use this as a means of fraud to use personal information to forge winning telephone calls,text messages,and Internet links.This has led to many people being deceived,losing personal interests,and even being unable to accept being Deceive the truth and choose to commit suicide.Such incidents occur endlessly,and it can be found that the harm caused by the leakage of personal information is immeasurable.Personal information crime has formed a black industrial chain.On this industrial chain,criminals have a clear division of labor and there are people who sell personal information.There are criminal activities such as fraud and extortion using personal information,and the criminals are gradually younger and more specialized,so we need to strengthen supervision,increase punishment,and take effective measures to prevent violations of personal information from occurring at the source.Control the development of such behavior.Our country has spent a lot of energy in responding to personal information crimes,taking various measures and making full use of various resources to combat crimes that violate the personal information of citizens,and in recent years,our legislators have continued to study and follow the pace of social development.Explore and research a lot on the evolution of personal information protection in foreign countries,in order to find more effective ways to stop personal information crimes,give personal information a safe and secure environment,and enable individuals to carry out various activities without worrying about themselves Personal information will be leaked.However,China does not yet have a separate law on the protection of personal information.The protection of personal information is “more than enough”.The violation of citizens' personal information can only be regulatedby the criminal law,but the provisions of the criminal law are not perfect.,Flawed.China's "Criminal Law Amendment(VII)" for the first time regulates violations of personal information of citizens.With the development of the times,the number of cases of violations of personal information of citizens has continued to rise,criminal methods and methods have been continuously updated,and new types of crime have emerged.Legislation Authorities must re-adjust the relevant content in the criminal law and increase protection.Therefore,in2015,the legislature introduced the "Criminal Law Amendment(9)" and introduced new regulations to regulate crimes against citizens' personal information.Its related crimes have also been improved to adapt to the emergence of new types of crimes.Thereafter,in 2017,the Supreme People's Court and the Supreme People's Procuratorate also jointly adopted a judicial interpretation specifically for crimes against personal information of citizens."Interpretation of Certain Issues in the Application of Law in Information Criminal Cases"(the "interpretation" referred to hereafter refers specifically to the judicial interpretation adopted here in 2017),which explains in detail the judgment disputes that often occur in judicial practice,but its It is not completely able to solve the problems encountered in practical application,This means that what we are doing is not comprehensive enough,we need to go further,improve the relevant legal provisions on the protection of personal information of citizens,expand the behavior of infringing on personal information,and promulgate the "Personal Information Protection Law" as soon as possible.Explain the specific scope of protection,based on this,combine foreign legislative experience to solve the problems and difficulties in China's personal information legislation.This article is divided into three parts: The first part introduces China's current criminal legislation on crimes against citizens' personal information,from the Criminal Law Amendment(VII)to the Criminal Law Amendment(IX)Supplementary regulations;the second part is to analyze the problems existing in China's current criminal law protection of personal information of citizens in light of problems in practice;the third part is to propose effective and feasible suggestions based on the second part and foreign practices. |
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