Research On The Judicial Application Of The Crime Of Infringing Citizens’ Personal Information

In today’s society,the rapid development of information technology and information industry has become the most explosive emerging field in the world.One of the characteristics of the information industry is the digitization of information,which is characterized by almost all human activity tracks being recorded and presented in the form of data,and at the same time being transmitted and used more quickly.Big data is not only an important wealth of enterprises,but also an important strategic resource of the country.However,the digitization of personal information also has several risks.This risk is for the owner of the information,such as information leakage.By consulting the cases related to personal information in recent years,it can be seen that the incidence of crimes of infringing on citizens’ personal information is rising rapidly,and the criminal methods are complex,diverse and full of novelty.In response to this,in 2017,the two high schools jointly issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringing Citizens’ Personal Information"(hereinafter referred to as the "Interpretation"),which has a certain positive significance for the protection of personal information and resolved the crime A large part of the controversial issues also contribute to the uniformity and authority of judicial application.However,from the current judicial application of the "Interpretation" and the academic discussion,there is still room for research.For example,the identification standards of information are difficult to operate,the uniform protection mode of personal information is not effective,whether illegal use needs to be included in the regulation of this crime,and so on.Based on this,this article will use literature research and case analysis to deeply explore the current judicial application problems of the crime of infringing on personal information,and propose targeted solutions.This article consists of four chapters,the content is as follows :The first chapter is the introduction,which mainly includes the research background,research significance and research summary.The second chapter combines the characteristics of the times and analyzes the actual characteristics of the crime,which is mainly summarized as follows: the criminal subject is ganged to form a huge black industry chain;the criminal methods are diversified,the technical content is high,and the concealment is strong;the number of information violation cases It is huge and continues to rise;crimes of infringing on citizens’ personal information are mainly concentrated in economically developed areas;crimes of infringing on citizens’ personal information are often connected with other crimes,accompanied or caused by other crimes.The third chapter mainly elaborates on the many problems of this crime in judicial application,such as the dilemma of "personal information identification" operation in the background of digitization;there are various types of citizens’ personal information,and what measures should be taken to deal with different types of personal information Protection;how to better regulate the illegal use of personal information;how to set the criteria for determining the "serious circumstances" and "very serious circumstances" of the crime.The fourth chapter puts forward suggestions on the problems in the judicial application mentioned in the third chapter.In view of the operational dilemma of personal information identification,it is recommended to implement personal information de-identification to solve;for the diverse types of personal information,unified protection is not suitable for the development of modern society,it is recommended to implement classified protection to solve the problem;for the illegal use of personal information in reality The frequent occurrence of behaviors seriously damages the rights and interests of personal information.It is recommended that illegal use be added as a new method of infringement of personal information,and effective regulation should be carried out;for the issue of "serious circumstances" and "particularly serious circumstances" identification standards need to be further improved,It is recommended to establish rules with unity standards as the mainstay and comprehensive standards as the supplement.The fifth chapter is the conclusion and outlook.Summarizes the problems in the judicial application of the crime and the suggestions to solve the problems.