Research On The Crime Of Infringing Citizens' Personal Information

Since the implementation of the Amendment ? to the Criminal Law of the People's Republic of China and the Interpretation of Several Issues Concerning Application of Laws in Handling Criminal Cases Involving Citizens' Personal Information in Criminal Cases issued by the Supreme People's Court and the Supreme People's Procuratorate,It provides a more specific and operational basis for combating the criminal behavior of violating citizens ' personal information.Although some of the regulations that are operational,some issues remain controversial when the law applies.When calculating the amount of personal information of citizens,the proportional conversion is not reasonable,the authenticity and repetitiveness of the information are difficult to identify;the objective behavior of this crime is not complete;the subjective aspect of crime is lacking in negligent crimes;the support of other legal systems is limited.Through the specific study on the constitutional elements of the crime of violating citizens' personal information,suggestions for improvement are put forward.The rules for calculating the personal information of citizens should be further clarified,negligent crime should be included in the criminal law system,and the "utilization-type" objective behavior mode should be added to construct a complete legal protection system for citizens' personal information,seeking the balance between the protection of citizens' personal information and the construction of information society.