Research On The Criminal Law Protection Of Citizens' Personal Information

With the rapid development of computer networks,the era of big data has arrived.In the new era,personal information security has become an urgent issue of concern.The realistic needs and challenges we face are how to enhance the protection of personal information.In our country,the existing normative system of criminal law and the protection mode of personal information are inadequate,and the protection of personal information has become a concern of everyone.Specifically,the concept of "citizen's personal information" and the attributes of legal interests have always been in a vague state in the legal and judicial interpretation.The lack of behavior patterns and the absence of pre-law have greatly hindered the criminal protection of personal information.Nowadays,a Law on the Protection of Citizen's Personal Information should be promulgated as soon as possible.Through legislation,the definition of citizen's personal information should be clearly defined,the deficiency of behavior mode should be remedied,and the connection between administrative law and criminal law should be improved.Firstly,the article focuses on the legislative background of endangering personal information security,analyses the current situation and characteristics of this crime from the legal point of view,summarizes the legislative experience of the crime of infringing on citizens' personal information,and explains the importance and necessity of protecting citizens' personal information.Then it defines the scope of citizens' personal information.The premise and foundation of applying the crime of infringing upon citizens' personal information correctly is to define the connotation of citizens' personal information accurately.In the Internet era,the protection of personal information is more important,and the crime of infringing personal information has become a new crime.To protect personal information from infringement,it is necessary to correctly understand the exact concept of the crime of infringing on citizens' personal information.Its right attribute and scope are the basis of definition of conviction and conviction.Then it analyses how it is an infringement of citizens' personal information,that is,what is the mode of criminal behavior.The Amendment to the Criminal Law(9)explains how to infringe upon citizens' personal information.For ease of understanding,examples are used,such as illegal provision,sale and theft of citizens' personal information.In fact,there are still many kinds of violations of personal information that cause serious harm,including illegal use,illegal purchase,illegal possession of personal information of citizens and so on.How should the state stop such acts and regulate the behavior of citizens? According to the principle that the law does not expressly stipulate not to be guilty,although there are dangerous acts in society which are not different from those of selling,stealing and providing,they can not be regulated by criminal law.Finally,it puts forward some suggestions to improve the connection between administrative and criminal sanctions and to unify legislation.According to statistics,there are 24 laws or normative documents in our country.They involve in protecting citizens' personal information in different aspects,and all of them have the effect of administrative laws and regulations.Therefore,the harmful act of infringing on citizens' personal information has already been an administrative violation at the time of its emergence,and the crime established by it is more in line with the characteristics of administrative crime.However,our country's law has not yet established a unified and complete administrative legal sanction system to link up with criminal sanctions for infringing on citizens' personal information.In China's legal system,there is no complete and systematic Personal Information Protection Law.It is only involved in some scattered and unsystematic laws and regulations,and there is no complete explanation.In this way,when judicature cognizes the crime of infringing on citizens' personal information,it can not be convicted because there is no corresponding legal basis,resulting in the lack of evaluation,and can not well combat and stop the occurrence of such criminal acts.Therefore,China urgently needs the Law on the Protection of Citizen's Personal Information to clearly define the scope of citizen's personal information and the legal consequences of infringing upon citizen's personal information,so that the crime of infringing upon citizen's personal information can be reduced by means of law and judicial cognizance can be implemented.