Research On The Difficult Problems Of The Crime Of Violating Citizens' Personal Information

The rapid development of network information technology has accelerated the formation of an information society.Science and technology such as big data statistics and analysis,cloud storage and network transmission bring great convenience to people's information acquisition,storage and transmission,but also cause a variety of high-risk risks such as information leakage.In the Internet age,illegal and criminal behaviors that infringe on citizens' personal information show a multifaceted situation,which not only seriously affects the personal life and tranquility of citizens,but also directly or indirectly triggers or helps other serious criminal activities.In order to effectively deal with and regulate violations of citizens' personal information,the Criminal Law Amendment(IX)(hereinafter referred to as "Criminal Nine")and the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens' Personal Information"(Hereinafter referred to as "interpretation",specific provisions are made on the scope of citizens' personal information,the infringement of citizens' personal information,and the sin and sentencing standards.However,due to the incomplete legislation and unclear content,there are still many difficult problems in the specific identification of the crime of infringing citizens' personal information(hereinafter referred to as "this crime").Based on the relevant legal documents,this article will explore the difficult problems in the crime of infringing citizens' personal information by combining legal theory.To this end,this article will be divided into the following three parts:The first is to clarify the legal benefits of the crime of infringing citizens' personal information.First of all,the existing views on privacy,information rights and complex object theory are introduced and reviewed,and the similarities and differences of views are sorted out.Secondly,combining the development status of judicial cases,the deficiencies of the above three viewpoints are discussed,and the viewpoint of dual legal interest is advocated.The legal interest of protecting the crime of infringing citizens' personal information should be the individual's freedom of information,security and privacy.Finally,based on the dual legal theory,it analyzes the difficult problems in the determination of the scope of personal information related to practice.The second is to study the difficult problems in the identification of the crime of infringement of citizens' personal information.First,research on the identification of the act of selling or providing citizen personal information,clarifying the meaning of the act of selling or providing citizen personal information and the relationship between the two,and the practice of juxtaposing the law to sell or provide citizen personal information should be To affirm its rationality,"violation of relevant state regulations" shall mean violation of the laws and decisions formulated by the National People's Congress and its Standing Committee,the administrative regulations formulated by the State Council,the administrative measures prescribed,and the decisions and orders issued.Secondly,the interpretation of "stealing" and "illegal acquisition" in the act of stealing or illegally obtaining citizen's personal information indicates that the "serious situation" reflects the degree of legal infringement of the crime's practice,and should be regarded as the illegal acquisition of citizen's personal information.Guilty metrics.Finally,different suggestions are made on how to regulate the collection,sorting,illegal use,negligence of leakage or loss of personal information of citizens in real life.The third is the answer to some difficult problems related to the criminal form that may be encountered in judicial practice in the crime of infringing citizens' personal information.The first is to study the form of the crime,combined with the law of the law of the law,the imaginary co-author,the implicated offense,and other crimes,the crime of stealing,buying,illegally providing credit card information,illegally invading the computer information system,etc.Exploring the difficult problems in the identification of crimes.Secondly,research on the form of accomplice involved in the crime of infringing citizens' personal information,such as one-sided accomplice,is a one-sided joint crime.Finally,based on the legal theory related to the cessation of crime,the specific definitions of the sin,attempt,suspension and preparation of this crime are defined.