Research On Criminal Protection Of Citizens' Personal Information

With the rapid development of information technology,the violation of personal information of the law and crime is emerging in an endless succession,the means of constant renovation,a variety of forms,the impact is growing,the social harm is more and more serious,and has become a social fear to avoid the "public hazard",the typical case such as "xu yuyu personal information disclosure fraud led to the suicide case" tragic occurrence and serious consequences,causing concern and hot debate from all sectors of society,which also entered the legislators' vision,and legislators pay great attention to and strict regulation.Therefore,it is not only necessary,but also realistic and urgent and important to regulate the criminal act of violating citizens' personal information,and its significance is self-evident.In fact,in terms of our country,and lawmakers are already in a crackdown on infringement of citizens' personal information under the illegal and criminal actions,malicious hand,but with the continuous development of information network technology and the widely extended application of media technology,in the big data,cloud computing,Internet of things,and AI is intellectual and social development of changing environments,such as artificial intelligence,the hysteresis of infringement of the legislation of personal information and incomplete sex crime and defects such as blank,renovates ceaselessly,spread,severe expand increasingly intensify contradictions,highlight.In a series of legislative actions,legislators constantly follow the needs of economic and social development,and carry out criminal law regulation and severe criminal sanctions on crimes against citizens' personal information,which has been clearly and centrally reflected in the legislative track and legislative evolution in recent years.Looking back on the development course of the amendment and perfection of criminal legislation in recent years,we can find that legislators have taken many legislative actions in the legal regulation of infringing on citizens' personal information,especially in the criminal law regulation.The Criminal Law Amendment(5)adds the crime of stealing,buying and illegally providing credit card information.The Criminal Law Amendment(7)adds the crime of selling and illegally providingpersonal information of citizens and the crime of illegally obtaining personal information of citizens.The Criminal Law Amendment(9)amends the crime added in the Criminal Law Amendment(7)to the crime of infringing personal information of citizens.? This process of criminal legislation change reflects the regularity and tendentiousness of our criminal legislation in protecting citizens' personal information and combating crimes against infringing citizens' personal information.This is mainly reflected in two aspects: on the one hand,it reflects that our criminal legislation keeps pace with the development of social situation and constantly summarizes the application of relevant laws in the judicial practice of simultaneous development.Specific circumstances and their shortcomings,refining experience,drawing lessons,improving the relevant crime charges and criminal law regulation,judicial application,so as to further strengthen the fight against crimes against personal information of citizens to provide a more comprehensive and complete legal basis,but also shows the criminal law to protect personal information of citizens of the rule of law belief and determination.On the other hand,it also highlights that the current criminal legislation on infringement of citizens' personal information is patched responsive and lagging legislation,which can not meet the practical needs of protecting citizens' personal information.From the perspective of criminal law,the author studies the controversial issues concerning the definition of personal information,the examination of the legal benefits of personal information,the absence of criminal regulation of related crimes,the threshold elements of criminalization,and the establishment of statutory penalties,which constitute five elements of crimes against citizens' personal information.The author puts forward his own views,and then constructs the solution path from the aspects of the introduction of relevant administrative preconditions,the improvement of citizens' personal information legal protection system,and the improvement of criminal legislation of related crimes.