Research On Criminal Law Protection Of Personal Information Security In Networking

The personal information security in network has attracted the attention of the industry and state departments.Our country is gradually strengthening the criminal law protection of personal information security in the network field,but there are still some defects in the current laws,such as the lack of prepositive legal provisions,unreasonable penalty setting,imperfect criteria for determining the conviction plot,and unclear expression of "other methods" for illegal access to personal information.This not only goes against the fairness of sentence without the deterrence of criminal law,but also constructs of a fair and right legal ecosystem.Therefore,the illegal persons drill legal loopholes to disclose personal privacy on the network by ignoring and infringing the law.Through the reasonable definition on the concepts of personal information security in the network field,based on the status and problems of criminal law protection of personal information security in network field,this paper absorbs and learns from the criminal law protection experience of information security in network field form Anglo& American and civil law countries,and puts forward the countermeasures on current criminal law protection of personal information security in the network field.This paper holds that our country should perfect the prepositive laws and set up effective penalties,improve the legal provisions through statutory sentence allocation,information classification protection,numbered fine system and qualification penalty,and clarify the criteria for conviction and detailedly define the "other methods" of illegal access to personal information in the network field,so as to the deterrence of penalty can be played fully to continuously improve the criminal law protection of personal information in the network field.