| The personal information of citizens is an important sign that can reflect the personal life and work of citizens.In the current information age,the personal information of citizens is often leaked.Therefore,how to identify and punish the behavior of infringing the personal information of citizens is the top priority in the current judicial practice.The first amendment to the criminal law(7)issued in 2009 clearly stipulates the crime of infringing upon personal information of citizens,and revised it in the amendment to the criminal law(9),expanding the scope of criminal subject and infringing upon personal information,expanding the subject stipulated in the original article to the general subject,and expanding the act into four kinds:providing,selling,stealing and illegal obtaining.The civil code of the People’s Republic of China(Draft)issued at the end of 2019 stipulates the personal information in the fourth chapter of the right of personality,which can provide reference for the identification of personal information of citizens in this crime as well as the principles and conditions of personal information collection and processing.At this point,the author thinks that the provisions of this crime in our country have been relatively perfect in legislation,but there are still some problems in the determination of the crime,such as the scope of the definition of personal information of citizens is not clear,the way of behavior is not clear and specific,the author starts from the legislative provisions of the crime of infringing upon citizens’ personal information,then discusses the concept of the crime of infringing upon citizens’ personal information,the problems existing in the legal application of the crime of infringing upon citizens’ personal information and how to solve these problems,and analyzes the irrationality of the crime of infringing upon citizens’ personal information in the application of criminal punishment based on the relevant cases in practice For example,the application of leniency system of confession and punishment in this crime and the punishment intensity of fine punishment,etc.,in order to make this crime more perfect and specific in crime identification and punishment. |
