| In recent years,the crime of infringing on personal information of citizens has become more and more serious.In order to strengthen the power and better bring the talents of criminal law as a guaranteed law,the Two Supreme issued the Interpretation of Several Questions Concerning the Application of Law in Criminal Cases of Infringing on Citizens' Personal Information[Interpretation of Law No.10](hereinafter referred to as Interpretation)on May 9,2017 in view of the problems existing in the judicial practice of the crime.For the first time,it was clear at the normative level of criminal law for the accurate conviction and sentencing of the crime of infringing on citizen's personal information in the form of judicial interpretation,the definition and scope of citizen's personal information,the scope of application of 'the violation of relevant provisions of the state',the specific standards of 'serious circumstances'.The Supreme Court of People has also published seven typical cases on the same day.Subsequently The Supreme Prosecution published six typical cases on May 16,which provided guidance and reference for judicial practical departments to handle relevant cases.However,the promulgation of The Interpretation has caused new problems and contradictions within the criminal law norms of crimes against citizens' personal information.These problems and contradictions are a new topic that the theoretical and practical circles of criminal law need to deal with urgently.Based on the database of The talisman of Beida(http://www.pkulaw.cn/Case/),this paper collected 1437 first instance criminal judgments of 31 provinces,municipalities and autonomous regions in China from June 1,2017 to May 31,2018.Taking this as a research sample,this paper sums up that the people's courts in different areas have no clear understanding of the protection of legal interests of this crime in judicial practice.There are controversy about the identification of 'citizen's personal information'.The application of 'violating the relevant provisions of the state'is seriously vacant and the handling principles of implicated offenders are not the same.This article insists on the problem-oriented and refer to previous theoretical results based on case analysis.The research mainly works on the uses the interpretation of criminal law.It holds that the protection of legal interests of the crime of infringing on citizens' personal information is a compound legal interest.What infringes upon is the citizens' peace of life and the state's management order of citizens' personal information.It has personal and social attributes.The definition of'citizens' personal information' in practice should start from the evolution of its definition.We should define and classify different personal information of citizens according to the principles of Aiticles 1 and 5 in the Interpretation.The amount of personal information at different levels should be converted from high to low.The crime of infringing on citizen's personal information is a legal offence.'Violating the relevant provisions of the state' is a prerequisite for the establishment of the crime and an element of the crime.'Relevant State Provisions' should include local laws and regulations.In judicial judgments,it is necessary to point out the specific legal provisions of'violating relevant state provisions' clearly.If the accused commits other crimes after illegally obtaining personal information of citizens,it is an implicated offender.In practice,only the perpetrator is punished in accordance with the principle of concurrent punishment for several crimes can his behavior be evaluated objectively and comprehensively. |
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