Research On The Crime Of Infringing On Citizens' Personal Information

With the rapid development of information technology and large data,crimes against personal information emerge in endlessly,causing widespread concern in society,personal information protection is not only related to personal interests,but also related to the interests of others and the whole society.The Criminal Law Amendment(7),the Criminal Law Amendment(9)and the latest judicial interpretations issued by the two Supreme Committees provide powerful tools for the criminal law regulation of infringing on citizens 'personal information.However,due to the legislation lagging behind the development of information technology and the ambiguity of legal provisions,there are practical difficulties in the criminal law provisions of sanctioning crimes against citizens 'personal information.By grasping the general trend of social starting from the legal attributes of personal information,this paper expounds the theoretical disputes and difficulties in judicial practice in the aspects of "the definition of citizens 'personal information","the determination of the extent of the consequences of infringement" and "the definition of the category of infringement.This paper point out the serious violation of information in order to find focus of controversy.By proposing specific suggestions for improvement of rules and regulations,we can have a better understanding of the legislative purpose of this crime.This paper consists of two parts,the introduction and the body.The text is divided into three chapters?The first chapter studies the present situation of aggression.Firstly,this paper briefly analyzes the current situation of the crime of infringing on citizens' personal information,and analyzes the characteristics of this crime through specific cases,and preliminarily puts forward the problems of infringing on citizens' personal information in criminal judicial practice,and puts forward the problems analyzed below.The second chapter studies the concept of infringement of citizens' personal information crime,identification and so on.At present,it is still relatively blank to study the nature of the crime of infringing citizens 'personal information from the angle of criminal law.This paper holds that it is necessary to define its concept from the substantive form of the crime of infringing citizens' personal information,that is,infringing the legal interests of citizens' personal information subject,causing serious harmful consequences and should be punished by criminal law.Based on this,this chapter also analyzes the constitution of the crime of infringing on citizens'personal information and the definition of conviction criteria,combing out the essential differences between the crime of infringing on citizens' personal information and the crime of stealing,buying and illegally providing credit card information.The third chapter studies and discusses the difficulties and countermeasures in criminal law practice of criminal acts of infringing on citizens 'personal information,which is the core of this article.Firstly,this paper analyzes the difficulties in the definition of citizen's personal information,which are mainly manifested in the intersection between the right to personal information and the right to privacy,the unclear scope of property rights in personal information,and the difficulty in judging the wishes of the information subjects themselves.It is proposed that the extension and boundary expansion of personal information under the background to a large extent regulated by criminal law to be blurred.A difficult cause.Then the author analyzes the difficulty of defining the scope of infringement,which is mainly manifested in two aspects:the unclear concept of illegal collection and the lack of regulations on illegal use.The author points out that the extension of the field of infringement space for criminal acts is the cause of this difficulty.Finally,it analyzes the difficulties in determining the extent of the consequences of infringement and holds that the determination of the extent of the consequences of infringement is generally determined by the measurement of "seriousness of the circumstances" It is mainly manifested in two aspects:the lack of clarity in the criteria for determining the existence of "seriousness of the circumstances"and the tendency of "easy to take refuge",and the inability to grasp accurately the expansion of the scope of the implementation of criminal acts.The law of extension,the absence of objective,subjective and subjective aspects of crime in the field of crime execution are the reasons for this problem.Therefore,this paper argues that it is necessary to combine the trend of infringement of citizens 'personal information from physical space,static space to virtual space and mobile space;and put forward some ideas and suggestions to solve the practical difficulties of criminal law,mainly including establishing the publicity of infringement of citizens' personal information legal interests and promoting infringement of citizens.The definition of personal information behavior is clear,and the standard of strengthening the standard of criminal behavior is serious.