Research On The Judicial Cognizance Of Infringing Upon The Personal Information Of Citizens

In the current social background of network informatization,the personal information of citizens is called "new oil",which is not only related to the safety of citizens' property but also closely related to the personal safety of citizens.The higher the degree of social informatization,the more important it is to grasp the balance between the protection and use of citizens' personal information."Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizens' Personal Information"(hereinafter referred to as "Interpretation")was promulgated by the "Two Highs",Effective June 1,2017,Although the "Interpretation" responds to some practical problems in judicial application,with the rapid increase in the number of cases of violations of citizens 'personal information,the crime of violations of citizens' personal information still has many problems in judicial practice that need to be resolved.This article starts with the study of typical judicial cases and combines theoretical views to analyze many problems in the judicial determination of the crime of infringing citizens' personal information,mainly including three aspects.First of all,regarding the identification of citizens' personal information,currently in China's“ Interpretation ” the identification of citizens' personal information is defined by enumeration and enumeration.However,it is still impossible to clearly define all the new types of information that are constantly emerging in practice.This article mainly discusses whether cookie information,face information and public citizen personal information belong to the categoryof citizen personal information.Secondly,in terms of the behavior of this crime,Although the Criminal Law stipulates the “illegal acquisition of citizens' personal information by other methods ”,In the judicial case,there was a dispute about "illegal acquisition by other methods",This article mainly discusses how to identify “illegal” and “other methods”.Finally,in terms of conviction and sentencing for this crime,Although Articles 5 and6 of the "Interpretation" list specific standards that can be considered as "serious circumstances",But when specifically applied,Controversy also arises because the content of "Interpretation" is too vague,Among them,the controversy on the division of information types,the determination of the amount of information,and the determination of "illegal income" and "profit amount" is the focus of this article.This article attempts to pass case studies and theoretical point of view analysis,To study the essence of the problems in the judicial determination of this crime,and provide constructive insights and understanding for the resolution of these problems.