The Realistic Situation And Perfect Path Of Criminal Law Protection Of Citizen's Personal Information

In recent years,the value of citizens ' personal information has become prominent,and personal information security issues have become more severe.The protection of personal information is facing unprecedented challenges.After the "Criminal Law Amendment Nine" began to take effect on November 1,2015,the number of crimes of infringing citizens' personal information increased by 1068% in 2016.The number continued to rise from 2017 to 2019,reaching 1,490,2,734 and 2,999.The increasing number of cases year by year indicates the severe situation of person's information security.In the legal system for the protection of personal information,criminal law plays an irreplaceable role as the last barrier,but judicial practice reflects a series of problems and reflects the dilemma of criminal law protection of citizens' personal information.Improving the criminal law protection of personal information has therefore become the focus of ensuring the safety of citizens' personal information in the era of big data.Firstly,this acticle analyzes the reality of criminal law protection of citizens' personal information through cases,and holds that questions are center on the expansion of the scope of personal information;expansion of personal information;various ways to violate citizens' personal information;pre-conditionalization is fictitious;tends to apply "quantified" plot recognition criteria;differentiation with dealing related behavior.The reason for the above problems is that big data technology subverts the original information security order.The fundamental original lies in the lack of a systematic pre-legal protection system,which makes the "violation of the relevant provisions of the state" of the prerequisite elements can not play the role of the limitation of the crime;At the same time,the boundary of citizens' personal information is more and more blurred.Therefore,to perfect the criminal law protection of citizens' personal information,it is necessary to accelerate the advance legislation with the personal Information Protection Law as the core.Redefining the scope of citizens' personal information based on the characteristics of the era of big data;to incorporate illegal use into the scope of criminal regulations,Appropriately expand the behavior of the crime of infringing citizens' personal information;at the same time improve the criteria for determining “serious circumstances” and properly handle the relationship between the crime of infringing citizens' personal information and related crimes.