| Today’s world is the world of information.With the development of Internet information,the importance of information is beyond doubt.In order to combat the violation of citizens’ personal information and protect the security of citizens’ personal information,the Criminal Law Amendment(9)of our country further refines the provisions on the basis of the Criminal Law Amendment(7),and the interpretation of the applicable laws on handling criminal cases of violation of citizens’ personal information promulgated by Lianggao in 2017,once again,clearly stipulates the cases of violation of citizens’ personal information,which fully reflects the great progress of our country in protecting citizens’ personal information.There are 13 articles in the Interpretation,which mainly focus on the scope of citizens’ personal information,the identification of violations of citizens’ personal information,and the determination of "serious circumstances" and "especially serious circumstances" of the circumstances.This paper mainly focuses on the provisions of the interpretation,and makes a detailed explanation of theproblems.According to the latest interpretation issued in 2017,the unified identification standard for the identification of citizens’ personal information can be identified,including the identification of identity information and the identification of trace information,as well as the identification of individual identification and combined with other information.The author holds that the personal information of citizens is closely related to the personal identity of citizens and related activities.Recognition is mainly displayed through citizenship and activities.The combination of the two clarifies the scope of personal information.The identification of "citizens" in the personal information of citizens includes not only their own citizens but also foreigners and stateless persons,which is mainly based on the provisions of our criminal law on jurisdiction and the general environment of international exchange,but should not include the dead.The author thinks that personal information can be regarded as an independent right,that is,the right of personal information,which includes the protection of personal personality and the content of property attributeIn determining the prerequisite for this crime,clarifying the relationship between violation of the relevant provisions of the state and violation of the provisions of the state has become the key to the determination of this crime.That is to say,the laws and regulations that violate citizens’ personal information must be violated.At the same time,the behavior mode of infringing citizen’s personal information is the difficulty of the determination of this crime.According to the provisions of the interpretation,the behavior mode can be divided into illegal provision behavior mode and acquisition behavior mode.The determination of these two kinds of behavior methods should not be limited to the meaning of words.Illegal provision behavior includes "offer" behavior and "sale" behavior.The behavior of acquisition includes theft and other illegal acquisition.The identification of this kind of behavior should be combined with the difference and connection between the two,from different angles to make a multidimensional understanding,and combined with the case and theory to carry out a comprehensive analysis,to make a reasonable explanation to use.It is also necessary to determine the elements of the crime of infringing citizens’ personal information."Interpretation" from the information type,quantity,amount of illegal income,subject identity and other aspects of detailed provisions.There are single evaluation,multi-user evaluation criteria and mixed evaluation criteria for determining the elements of the crime of infringing citizens’ personal information.Interpretation uses mixed evaluation criteria.The judicial interpretation stipulates that "the circumstances are serious" and "the circumstances are especially serious" adopt the unified mixed identification standard,and the current mixed identification standard is in line with the current reality. |
