Criminal Law Protection Of Citizens' Personal Information From The Perspective Of Risk Society

Advances in science and technology have expanded "technical risks" into the practical activities of all mankind.We have entered the "risk society",but we cannot stop technological progress in order to eliminate risks.In recent years,the huge economic interests behind citizens' personal information tend to invade citizens' personal information and the criminal situation is intensifying.How to better protect citizens' personal information in a risk society has become a new criminal law issue.This paper firstly combines different doctrines to analyze the specific connotation of "citizen personal information",and thinks that the definition paradigm of "recognition theory" is more reasonable,sums up the main characteristics of "citizen personal information",and lists the criminal law of "citizen personal information" in China.The history of protection,found that it has been protected from the 1977 criminal law before the 1997 criminal law,from the indirect protection of the Criminal Law Amendment(VII)to the direct protection of the Criminal Law Amendment(VII),It has also been improved and supplemented by the Criminal Law Amendment(IX).Secondly,combining with the core theory of risk society,it analyzes the legal interests of “citizen personal information”,including the “personal” and “property” legal benefits at the individual level,and the “super-personal legal benefits” at the national social level,and then from the nature of crime and crime.Investigating the crimes from two angles,it is concluded that in the violation of citizens' personal information,the penalties and penalties should be expanded.Combining with the characteristics and requirements of the risk society,starting from the general direction of the criminal law,from the perspective of legislation and judicial analysis,the criminal law protection of citizens' personal information under the perspective of risk society,the legislative aspects include: pre-disciplinary law and relative lack of citizens The definition of personal information concept is vague,the behavioral method is too narrow,and the penalty amount has not been clearly defined.The judicial level includes: the uncoordinated connection between administrative law and criminal law,and the single legal relief mechanism.Finally,it puts forward the suggestions on perfecting the criminal law protection of Chinese citizens' personal information under the perspective of risk society.The legislative aspects include: introducing personal information protection law,reasonably defining the scope of citizens' personal information,perfecting the criminal law into crimes,and perfecting fines;the judicial level includes: The legal connection between administrative law and criminal law,and the introduction of private prosecution,hope to have a considerable degree of benefit to relevant legislation and judiciary.