Research On Judicial Application Of The Crime Of Illegal Access To Personal Information Infringement On Citizens

The big data era,regarded as the third wave of science and technology,is coming to people at a speed beyond imagination,reshaping people's way of thinking and lifestyle,but also putting personal information of citizens at risk.Further digitalization and electronization of citizens' personal information,improvement of accessibility,prominence of commercial value and aggravation of enlargement effect of infringement result all enhance the possibility and seriousness of infringement of citizen's personal information.The crime of illegal acquisition is the most important form of infringement on citizens' personal information.It is very important to regulate this kind of crime for the protection of citizens' personal information.However,in judicial practice,the crime of infringing upon citizens' personal information by illegal acquisition has appeared the new characteristics of the group nature of infringing consequences,the diversification of illegal acquisition methods and the controversial issues of determining the number of crimes.Therefore,we need to respond to these problems in judicial application in time in order to make the crime of infringing citizens' personal information corrected in the current information society.It can be applied accurately so as to achieve the good effect of protecting citizens' personal information.In addition to the introduction and conclusion,this paper is mainly divided into four parts:In the first part,by enumerating two typical cases of the crime of infringing citizens' personal information illegally and sorting out similar cases,the new characteristics of the crime of infringing citizens' personal information illegally acquired in the era of big data and the controversial issues in the trial are presented in an all-round way,and the special problems of the crime of infringing citizens' personal information illegally acquired are mainly legal interests and non-legal interests.The three major problems are the mode of legal acquisition and the relationship between illegal acquisition and fraud.The second part reinterprets the legal interests of the crime of infringing on citizens' personal information.Firstly,it clarifies the object of the crime of infringing on citizens' personal information.Secondly,from the perspective of the victim,it draws the conclusion that the individual protection of the individual legal interests of the crime of infringing on citizens' personal information declines.Finally,through the demonstration of the principle of legal interest protection and the current norms,it is concluded that the collective protection of individual legal interest in the crime of infringing on citizens' personal information is prominent.The third part mainly discusses the ways of illegal acquisition.Firstly,it puts forward the general guiding ideology of the identification standard of illegal acquisition,and then clarifies the identification of the specific manifestations of illegal acquisition.The fourth part mainly elaborates the relationship between illegal acquisition and fraud.In view of the dispute over adjudication,it first demonstrates that illegal acquisition and fraud are not related and do not constitute an implicated offence,and then puts forward the view that illegal acquisition and fraud should be punished simultaneously for several crimes.