Research On The Legal Regulation Of Violations Of Citizens' Personal Information

In the era of big data,the number of citizens' personal information is growing exponentially.Its unique attributes give birth to a new economic growth model,activate huge economic and social values,but also become the vulnerable object and breeding ground for crime.At present,with the exposure of more and more personal information disclosure events,how to strengthen the legal regulation of the behavior of infringing personal information has become the focus of social attention in recent years.However,the current situation of legal regulation is not optimistic: The high incidence of violations of citizens' personal information is increasing,the personal information of the people is still leaking,the accompanying harassment and fraud still cause trouble to production and life,and the criminal behavior of using citizens' personal information is also increasing.This paper adopts the method of empirical analysis,through the analysis and comparison of legal data and judicial data,on the basis of studying the existing legal provisions and the relevant legal provisions being drafted,and on the basis of the principle of "modesty" of criminal law,from the legislative level and practical level,respectively,on the role and consequences of the current departmental laws in the legal regulation system of infringing upon citizens' personal information: In the current legal regulation of infringing upon citizens' personal information,our country relies too much on the use of criminal legal weapons to fight against violations,thus causing the situation where criminal punishment has achieved complete dominance;Administrative and civil legal means fail to play the role of punishment,education,prevention and relief in practice due to lack of basis and weak regulatory capacity;There is no effective connection and cooperation between criminal strike and administrative punishment,civil legal means in the jurisdiction scope and other aspects,resulting in a "vacuum" area of legal regulation,resulting in a large number of violations into the criminal justice field waiting to be dealt with.The above causes increase the pressure on judicial organs to deal with criminal cases.Limited by human,material and financial resources,a large number of cases can not be handled effectively,and the quality of criminal cases can not be improved,or even decline,which contributes to the growth of violations.From the perspective of "modesty and restraint" of criminal law,this paper puts forward the path to improve the legal regulation of infringing upon citizens' personal information based on the principle of pragmatism: Based on the modesty and restraint principle,criminal law needs to limit its jurisdiction,which should be changed from “taking on all matters” to “concentrating on matters of great importance”,so as to focus on the task of fighting crimes;By improving the relevant legal provisions,studying and formulating the corresponding implementation rules,guidance and other ways,to delimit the jurisdiction of administrative and civil legal norms,and increase the operability of administrative legal norms within the jurisdiction.By clarifying the regulatory functions,forcing the main body of responsibility to take the initiative to supervise,encouraging the third-party monitoring and supervision institutions to intervene in evidence collection and other ways,we can improve the regulatory capacity of administrative and civil legal norms,expand their practical role in legal regulation;Clarify the responsibilities of various department laws in regulating violations of personal information of citizens,and make clear the judgment standard according to the seriousness of violations of legal interests Jurisdiction scope of criminal,administrative and civil legal means.From the perspective of the unity of law order,we should form a legal regulation pattern in which the laws of various departments are effectively connected and coordinated,and eliminate the "vacuum" zone of legal regulation.With all-round legal regulation,we can better manage the violations of citizens' personal information and provide more perfect legal protection for citizens' personal information rights.