On The Citizen's Personal Information Of The Crime Of Infringing On Citizen's Personal Information

With the continuous development of Internet technology,the application of big data has penetrated into all aspects of daily life.As an important social resource,the status and role of personal information of citizens is also becoming increasingly prominent.While the popularity of information technology has brought convenience to our lives,it has also made it easier for citizens to steal personal information.Personal information contains social value and property value,and it is easy to be targeted by criminals.These criminals obtain illegal income by stealing and selling personal information.Therefore,in recent years,the crimes against citizens' personal information have become increasingly prominent.It is not uncommon for citizens' personal information to leak or be illegally traded.The resulting series of telecommunications fraud,extortion,routine loans,and other downstream crimes have frequently occurred,gradually forming a huge-scale underground industry and interest chain,which has caused Very serious social hazard consequences.In addition,the outbreak of the new type of coronary pneumonia around the Spring Festival in 2020 has aroused public concern.In addition to focusing on the spread of the virus,frequent incidents of leakage of personal information of citizens have also caused heated discussions,and it is urgent to protect the personal information of citizens.Based on this background,in order to comply with the development trend of the information society and strengthen the protection of citizens' legitimate rights and interests,China has strengthened the legislation on the protection of personal information.Although there is no separate legislation,there are relevant provisions in civil law,administrative law and criminal law.However,compared with foreign countries,the protection of personal information in China has started late,and due to the imperfect provisions of civil law,administrative law,and other laws,and the situation of infringement of citizens' personal information has become increasingly severe,it is inevitable in judicial practice.There has been a situation in which criminals have preceded the people,especially since the Amendment(IX)to the Criminal Law came into effect in 2015,the number of crimes against personal information of citizens has surged and has been repeatedly banned.Although the Supreme People's Court and prosecuting body the Supreme People's Procuratorate issued an explanation to specifically explain this crime,due to the limitations of the law itself and the actual situation of judicial application being very complicated,there are still many problems in judicial practice.The most prominent one is the interpretation of this crime.The problem of confusion in the identification of crime targets,and even different cases in the same case.In order to avoid such situations,based on the analysis and summary of the judgment documents,the article raises the problem that the identification standards of citizens' personal information are not clear in judicial practice.Based on the analysis and analysis of different controversial viewpoints in the academic world,and on the basis of comprehensive consideration of the legislative development trends and the legal benefits protected by this crime,the author seeks the standards for the identification of citizens' personal information stipulated in criminal law.Based on this,the types of information that are commonly disputed in judicial practice,such as indirect identification information,whereabouts information,and property status information,are analyzed,and the actual situation of the case is used to determine whether the information is harmful to citizens.The possibility of the safety of life and property,and then determine whether it belongs to the personal information of citizens stipulated in criminal law.In addition,with the continuous advancement of information technology,new types of information such as personal biological information and network Cookies are constantly emerging and popular.These types of information are closely related to individual citizens.However,the theoretical community has not paid enough attention to it,and the practical community has not yet been involved.Therefore,it should be discussed whether such information should belong to the personal information of citizens protected by criminal law.