The Judicial Application Of The Crime Of Infringing The Personal Information Of Citizens

In recent years,China's economic growth rate and scope is an unstoppable momentum forward,accompanied by the development of science and technology also presents a thriving prosperous situation,the era of big data information has arrived.As a necessary social resource,information plays an important role in the daily life of individual citizens and even in the operation of the state system with the popularization of Internet technology,citizens' personal information has more forms of expression,not only between books and paper,but also in the form of electronic data stored in the network terminal.For social individuals,once they master the means of effective integration and utilization of information resources,it is equivalent to having a golden key to open the door to wealth.There is no denying that the high-speed operation of information does bring people many conveniences in life and work,and also provides people with more diversified access to wealth,but at the same time,due to the absence of responsibility of all parties and the existence of loopholes in the network system,the large-scale leakage of information also puts the safety of personal and property at risk,which not only causes panic among the public,but also has a negative impact on the development of the information society also on the smooth operation of the judicial activities set a certain obstacle.In view of this,people from all walks of life have paid great attention to the relevant incidentsinvolving the leakage of citizens' personal information,and it is worth noting that within the scope of the current criminal justice regulation,criminals suspected of violating citizens' personal information are becoming more and more rampant,and there is a tendency for such crimes to become more and more serious.This has also brought more attention to this issue from all walks of life and took even tougher action.There is no doubt that the establishment of the crime of infringing upon the personal information of citizens is a great feat in the field of criminal legislation in our country.After the collision of wave after wave of ideas,the spark of wisdom always appears particularly dazzling,and a large number of theoretical achievements related to the crime of violating citizens' personal information have been produced one after another the proposal of punishing crime and preventive measures also provides practical and effective guidance for the concrete development of judicial practice.It is not difficult to find that,with the help of all parties,our country has really made great progress in dealing with crimes that infringe on citizens' personal information in recent years.But just as the existence of "spear" and "shield",everything in the world is always double-sided,so is the law.As the so-called "policy under the policy",the crime of infringing on personal information of citizens is not omnipotent,its application can not solve all the problems in judicial practice.In the face of disputes and constantly renovating the case,the legal helpless exposed here.This paper attempts to summarize the current situation of judicial application of the crime of infringing citizens' personal information,based on the criminal cases of infringing citizens' personal information heard by the People's Court from January2010 to February 2019,under the guidance of the existing theoretical results focusing on the disputes in the application of the crime,the author tries to provide a strong path support for the further improvement of the crime through case deconstruction and rationality analysis.