On The Judicial Application Of The Crime Of Infringing On Citizens' Personal Information

In our country,the personal information of citizens is defined by identification.But there are still some puzzles about the judicial application of the classification of personal information,the serious circumstances and the determination of joint crime.This article contacts a nonnative analysis of the crime of infringing upon citizens'personal information,and believes that as long as the information of specific citizens can be identified and reflected,it can be protected by criminal law.Citizen personal information" has three attributes of personality right,privacy right and property right.The objective behavior of this crime includes selling,providing,stealing or illegally obtaining personal information by other means.Serious circumstances require that comprehensive standards should be adopted to improve the scientificity of conviction by comprehensively considering many factors such as the behavior means,behavior results,behavior objects,behavior times,behavior motives and other factors.The subject of this crime includes any citizen or organization.The personal information of the deceased is also within the scope of this crime protection.But it is not possible to identify all crimes committed in the name of companies and enterprises as unit crimes,it depends on whether it reflects the overall will of the unit and whether it is a crime for the benefit of the unit.Subjectively,this crime is direct intent rather than negligence,and it has a clear understanding of the criminal object,the nature of the act,and the harmful consequences.This crime does not constitute a crime for the purpose of making profit by the actor.According to the type of crime patterns,this crime can be divided into three types of behavior,trading,spying and divulging.Transactional crime includes selling behavior and buying behavior.Spying crime includes theft and other illegal acquisition.Divulging crime includes providing behavior and spreading behavior.Human flesh search behavior can be considered as one of illegal providing behaviors.In the judicial application,personal information of citizens can be judged from three aspects:the importance of the information itself,the need to combine with other information,and the subjective purpose of the actors.Personal information of citizens is usually divided into general personal information and sensitive personal information,but the classification standard has not been unified.Privacy as the criterion of division does not have objective unity.In a specific case,it is necessary to combine the personal meaning of the information subject with objective factors such as industry characteristics to make a reasonable judgment.The track information is the most sensitive and low standard of incrimination.We should strictly control the scope of its identification.The scope of property information should be consistent with the principle of unity of subjectivity and objectivity.In terms of quantity identification,the identification of a citizen's personal information should consider the trading rules and customs.It is not appropriate to repeat the behavior of buying and selling personal information.The quantity of personal information of batch citizens is directly determined by the seized information,and untrue information is allowed to be removed.The amount of profits is one of the criteria of serious circumstances,and the newly issued judicial interpretation has taken the illegal income of more than 5000 yuan as the criterion of incrimination.According to the degree of mutual intention contact between the helper and the helped,the joint crime can be divided into one-sided accomplice,tacit accomplice and conspiracy accomplice.The third party of information transaction can be regarded as the accomplice of this crime because of the unity of subjective and objective with the acquirer,and also can be regarded as the accomplice of this crime.For those who provide information "knowingly" to obtain information "unknown" situation,as well as "tacit" situation,the act of the party providing information should be directly identified as infringement of citizens'personal information crime,not accomplice.