Research On The Judicial Determination Of The Crime Of Infringing On Citizens' Personal Information

Civil personal information is the bridge between the individual and the society.With the rapid development of information technology,the importance of civil personal information is increasing with each passing day.This is also accompanied by a growing cases of illegal acquisition,use and sales of personal information.These problems seriously interfere with our daily life,pose a great threat to our personal and property security,and even lead to crime.Therefore,it is a social consensus to regulate the infringement of civil personal information by criminal means.The premise of protecting civil personal information through criminal law is to clarify the connotation and extension of "citizen" and "personal information" in criminal law,and then determine the scope of the victims and the object of rights infringed.On this basis,it is necessary to carry out meticulous investigation on the successive revision and perfection of this crime in criminal law,from which to grasp the context of the evolution of law.Chinese criminal law started late in protecting civil personal information.Although great progress has been made,legislation has inevitably lagged behind social reality since its inception,and there are still many areas worthy of improvement.After solving the above theoretical problems,this paper aims to put forward reasonable solutions to the problems in judicial practice of this crime.First,the premise of the crime is not clear.While calling for the promulgation of the Personal Information Protection Law,the judicial organs can only use the department rules and regulations which are clear and detailed in the laws and administrative regulations as the criteria to judge whether the act "violates the relevant provisions of the state".Second,the definition of the two kinds of standards of conduct,namely "selling or providing" and "stealing or illegally acquiring by other means",should be based on the concrete analysis of the difficult problems in judicial practice,and make up for the confusion caused by the ambiguity of legislative terms through reasonable legal interpretation.Third,in judging whether the behavior of the actor constitutes the"serious circumstances",we cannot mechanically comprehend the relevant provisions in the judicial interpretation,instead the practical departments should deeply analyze the specific standards,and strive to reasonably solve the problem of application difficulties.