On The Application Boundary Of The Criminal Law For The Protection Of Citizen's Personal Information

In the Internet era,information security has become an important topic related to the vital interests of citizens.In practice,the phenomenon of infringing citizens' personal information has occurred repeatedly.In order to deal with the severe information security situation,China has successively issued the Criminal Law Amendment(9)and the "two high" interpretation.However,in the Internet economy developed today,in the absence of pre-law,personal information protection criminal legislation is in the forefront,whether it will lead to excessive expansion of the right to punish and occupy the legitimate private space of citizens? How to balance information freedom with information security? Where is the applicable boundary of the criminal law of citizen's personal information protection? Protection of Personal Information of Citizens How to divide and coordinate the application of civil,administrative and criminal law? There are four parts in this paper.The first part mainly expounds the present situation of criminal law protection and the expansion trend of criminal law protection.After years of hard work,our citizens' personal information criminal law protection framework is basically constructed.However,the excessive expansion of criminal law regulation will hinder the effective flow of information and the rational use of information,crowding out the private space of citizens.How to balance the relationship between personal information protection and utilization? This requires us to keep calm and rational,rational thinking about the reasonable boundary of criminal penalty,and prevent the excessive expansion of penalty right.The second part analyzes the elements of the crime of infringing citizen's personal information as the core crime,and straighten out the connection within the criminal law system.This paper makes a further analysis on the right attribute and legal benefit definition of citizen's personal information as the object of the crime.For the recognition of the legalattribute of personal information,there are many theories in the theoretical circle.The right of personal information is a kind of compound right,which has the dual attributes of personality right and property right at the same time.The constituent elements of the objective illegal level of this crime are the act of selling,providing,stealing and illegally stealing the personal information of citizens by other means.The Lord of the sin View the form of responsibility is intentional,the obligee's "consent" to the disclosure of personal information,only through strict legal norms and government supervision,to ensure that citizens in the free will,can properly allow third parties to use the personal information of citizens.The meaning of "violating the relevant regulations of the state" should be explained in essence according to the thought of modesty and the principle of legality of crime and punishment.The case of "serious circumstances" should be interpreted in accordance with quantitative criteria and elements of circumstances.The third part is the rational reflection on the protection boundary of citizen's personal information criminal law,and straighten out the external connection between citizen's personal information criminal law protection and other legal protection methods.This paper focuses on the boundary between crime and non-crime of infringing personal information,including the boundary between civil tort and criminal offense and the boundary between administrative offense and criminal offense.This paper considers the criminal law and non-criminal law of the violation of citizen's personal information,mainly regards the Network Security Law as the leading law of the crime of infringing citizen's personal information,and discusses the effective connection between the crime of infringing citizen's personal information and the law of preemption.The question of keeping the boundaries of criminal law from the perspective of punishment and justice.The fourth part explores and consummates the personal information other legal protection way.In judicial practice,this kind of protection thought has many drawbacks.In personal information protection,we should play the main role of civil law and administrative law.We should improve the ways ofpersonal information protection,civil relief,administrative relief and administrative relief.