Research On Several Issues Of Judicial Identification Of Crimes Infringing Citizens' Personal Information

With the development of information network technology in the context of big data in recent years,the amount of personal information of citizens has surged.After the introduction of two amendments to the criminal law and the introduction of a judicial interpretation,China 's “Criminal Law” has increasingly become a rule for the violation of citizens 'personal information perfect.The “Judicial explanation about Citizens 'Personal Information" promulgated and implemented in 2017 is a major breakthrough in the legislative activities for the protection of citizens' personal information in China.Calculations and other issues are regulated.However,through the empirical analysis of 100 criminal verdicts in courts at various levels throughout the country in the two years after the Interpretation was issued,it is found that in the judicial practice,there is still an unclear connotation and extension of the personal information of citizens,and social harm.There are major problems such as flawed judgment standards,vague protection of legal interests,and unspecific rules for determining the amount of personal information of citizens.In response to these problems,the concept of personal information of citizens should be clearly defined as "information about individuals(information subjects)who can identify or be able to identify the specific objective conditions of specific individuals,(including the combination of other information to make it easier to identify specific individuals.(Information of objective conditions)";when judging the social harm of the crime,we must consider the three aspects of objective,subjective,and other factors at the same time,comprehensively consider the final conclusion;clear that the legal benefits protected by the crime are citizens'"Personal information right";the basic rules for the determination of the amount of personal information of citizens cannot be "one-size-fits-all" choice of "supervisor's theory" or "objective theory",and a combination of subjective and objective theory should be adopted in accordance with the specific circumstances of the case;"Batch identification" rules and burden of proof.When the number of personal information involved in the case reaches more than 5,000,it is "batch personal information." There is no rule for the inversion of the burden of proof.