Criminal Justice Determination Of Citizen’s Personal Information

In the era of big data,the explosion of personal information and the security of citizens’ personal information are also facing great risks.The criminal law first opened the protection mode of personal information.The Criminal Law Amendment(9)formally stipulated the crime of infringing citizens’ personal information,and then the two high schools issued the corresponding judicial interpretation to guide the criminal judicial practice.However,due to the complexity of the crime of infringing citizens’ personal information,the lack of theoretical research and the lack of relevant administrative legislation,the criminal justice application of this crime is still facing a series of problems,the first of which is the criminal judicial identification of citizens’ personal information.In the first chapter,through the introduction of the typical case of zhang xime and zhao xime,there are the following problems in the criminal judicial determination of "citizen personal information " : first,the subject of " citizen personal information " is controversial,and whether foreigners and legal persons belong to the subject of " citizen personal information ".Second,the scope of "citizen personal information" is not clear,the definition of recognizability,especially the definition of "identifying specific natural person identity with other information ",and the definition of activity situation is difficult.Third,the number of "citizen personal information" is difficult to determine,a "citizen personal information" how to determine,approve Quantity "citizen personal information" how to determine.Chapter two,the definition of "citizen personal information ".There are four representative viewpoints on the definition of citizen’s personal information in criminal law circles: identification theory,association theory,privacy theory and property theory.The Interpretation uses a general and enumerative approach to the definition of "personal information of citizens ",and the Interpretation considers that the substance of personal information of citizens is identifiable or reflects the activities of a particular natural person;this identifiability is broadly identifiable;there is no restriction on the way personal information is recorded;and a number of typical cases are listed for judges to apply it directly at trial."Citizen’s personal information" has personal rights,including personal letters The right of non-infringing of interest and self-determination of personal information;" citizen personal information " has the property right attribute,has the potential economic value;" citizen personal information" has the super-personal legal benefit attribute,relates to the social public interest,the national security.Chapter three,the concrete determination of "citizen personal information ".First,the main body of "citizen personal information ".Foreigners and stateless persons are included in the subject of "citizen’s personal information ",and legal persons do not belong to the subject of " citizen’s personal information ".Second,the scope of "citizen personal information ".Clarify the criteria for defining identifiability,and define the term "identify in conjunction with other information ".Accurately identify "trace track information ",make clear that the trace track in the interpretation refers to the geographical location in the real world,and make clear that the trace track refers to the dynamic geographical location.Third,batch "citizen personal information" quantity determination.Before refining the method of calculating the quantity of "citizen personal information ",we should first clarify the type of information involved in the case.The determination of a "citizen’s personal information" should take into account the actual trading rules and habits.When determining the batch "citizen personal information" directly,it is necessary to perfect the measurement mode of batch "citizen personal information ",and change from the traditional " accurate measurement " mode to the " equal contract measurement " mode.