The Study Of Legislation About The Crime Of Infringing On Civil Personal Information

In the information age today,the characteristics of information economic resources are increasingly prominent,personal information,as a carrier reflecting personal characteristics,contains immeasurable economic value,and thus become the target of criminals.The infringement of personal information not only causes serious harm to the personal and property of citizens,but also causes a serious impact on the social order.It is imperative to crack down on the infringement of personal information.In 2009,the seventh amendment to the criminal law made it a crime for the first time to violate citizens’ personal information.So far,the violation of personal information in our country can not be relied on the situation.But due to limited by the legislation,the law fails to play its due effect,the infringement of citizens’ personal information behavior not only has not been effectively curb rather fiercer with the development of the society,in order to further to crack down on such crimes,2015,"criminal law amendment(9)to modify it,at the same time,in 2017 the Supreme People’s Court,the Supreme People’s Procuratorate on handle criminal cases of infringement of citizens’ personal information to explain some issues of applicable law further defined the related concepts and standards for the judicial practice provides specific basis for such crimes.After these two modifications or explanation,the behavior of the infringement of citizens’ personal information basic did "laws",but in view of the legislation of our country’s personal information protection in late and theoretical research is not yet fully,it still exists in the theory and legislation deficiency,the crime of infringement of citizens’ personal information to correctly understand and apply,it is necessary to carry out this crime legislation and theoretical research.In addition to the introduction and conclusion,this paper is divided into five parts,totaling more than 30,000 words.The first chapter is an overview of personal information.This chapter is divided into two sections.The first section is the concept of personal information.Through the discussion of the basic concept of the crime and related theories,it points out that the concept of personal information should adopt the "identification theory",but the case of indirect identification should be limited.The second section discusses the right attribute of personal information.At present,there are mainly three views on the right attribute of personal information in the academic circle,that is,the theory of property right,the theory of personality right and the theory of privacy right.These three theories all have their own defects which cannot be overcome.The author thinks that the current personal information has three characteristics of property,personality and privacy.Therefore,we can learn from the practice of Germany and Japan as a new kind of right.That is,the right to personal information.The second chapter is the legislative necessity of crime of personal information infringement.The chapter is also divided into two sections.The first section is the realistic factor of personal information protection in criminal law.By discussing the severe situation of personal information infringement in our country,it points out the urgency of personal information protection and the necessity of criminal law protection.The second section discusses the personal information of the criminal law protection of large limitations exist,first discusses the limits of the personal information of the civil law protection,points out that the way to civil law protection of personal information protection,serious deficiencies,secondly discusses the limitation of administrative law protection,points out that the protection mode of administrative law also cannot effectively protect personal information.Finally,it is pointed out that morality and discipline can not effectively stop the behavior of infringing citizens’ personal information.Therefore,criminal law must be used to protect personal information.The third chapter is the extraterritorial investigation of the crime of infringing upon citizens’ personal information.The chapter is also divided into three sections.The first section introduces the legislation on personal information in common law countries(Britain and the United States),and points out that the legislation on personal information in common law countries centers on personal privacy.Among them,the legislation mode of personal information crime in the United States is decentralized legislation.The United Kingdom is a unified model.At the same time,the UK also set up a special system of information commissioner to protect personal information.The second section mainly introduces the legislation on personal information protection in civil law countries(Germany and Japan),and points out that Germany takes the right to self-determination of personal information as the legislative basis,while Japan takes the right to personal information as the legislative basis.At the same time,its legislative mode is the unified personal information protection law and criminal code parallel mode.The third section mainly analyzes the legislation of countries outside the region,mainly from the three aspects of right establishment foundation,legislative mode and protection scope.The fourth chapter discusses the infringement of citizens’ personal information crime legislation in our country,this chapter is divided into five sections,the first section mainly discusses the present status of the personal information "front" in China with defects,by listing some specific provision of law to show the status of a "front" and points out its lack of specific provisions,lack of unity,relevant concept is unknown and scattered legislation.The second section points out that the legislative legal interest of this crime is not clear by introducing the current disputes on the legal interest of this crime in Chinese academic circles.The third section mainly discusses the imperfection of the relevant basic concept of crime of violating citizens’ personal information,and points out that "citizens" does not include foreigners and stateless people,and its existence is unreasonable.In addition,in the definition of "personal information",it is not reasonable to regard all indirect personal information as "personal information".The fourth section mainly discusses that the constitutive elements of the crime are not perfect,and points out that the negligent crime is not included in the adjustment of the criminal law and the behavior mode is incomplete.The fifth section mainly discusses the lack of explicit provisions on the marginal behavior of "human flesh search" and "private electronic monitoring".The fifth chapter is the legislation perfection of crime of personal information infringement.This chapter mainly aims at the defects of legislation of this crime in our country.It includes formulating the uniform personal information protection law as soon as possible,clarifying the protection interest of the crime,perfecting the corresponding behavior pattern and subjective offense,and clarifying the nature of marginal behavior.