Study On The Objective Constitutive Elements Of The Crime Of Infringing Citizens’ Personal Information

The transformation of the information technology has profoundly changed the world we live in,and made information data more important than ever before.Personal information contains the great value from the perspective of business economy and social management.The collection,analysis and utilization of personal information bring technology dividend to individual and society,at same time,there are often illegal and criminal behaviors caused by the infringement of personal information,which cause great harm to the individual and the society.At present,it is very necessary to formulate laws to regulate the flow and utilization of personal information according to its characteristics,so as to strike a reasonable balance among information freedom,security and development,and to meet the governance requirements of the complex society in the era of big data.In recent years,our country has made a positive response in criminal legislation and judicature,but the update and development of information technology reflects the lag of legal norms.Based on the existing criminal law regulation in China,it is valuable to further explore how to provide more comprehensive criminal protection for personal information.Therefore,it is of great practical significance to sort out the characteristics of existing laws and regulations on personal information,combine with the characteristics and category judgment of personal information,and carry out reflective review on the controversial points of this crime in judicial practice.The main body of this paper is divided into three chapters according to the objective constitutive elements of the crime of infringing citizens’ personal information.The first chapter mainly discusses the object of this crime,namely citizens’ personal information.Starting from the legislative evolution of this crime and the judicial determination of personal information,this chapter explains the characteristics of citizens’ personal information in the context of criminal law and the screening and classification protection of sensitive personal information.The second chapter aims to clarify the controversial points in the practice identification of the act of perpetrating this crime.Combined with a number of cases,this paper discusses the crimes and non-crimes of citizens’ personal information acquisition and provision.For example,how to deal with the disclosure of personal information,and how to deal with the personal information collected with the consent of the information subject.In addition,in view of the increase of the harm of illegal use of personal information and the temporary gap in its regulation,this paper makes a reasonable attempt to bring it into the evaluation of criminal law under the premise of not violating the legality of crime and punishment.The third chapter focuses on the identification and exploration of the circumstances of the crime.This crime is a plot crime,the factors that affect the circumstances of the crime are multiple and have no clear order.This chapter emphatically discusses three kinds of factors when entering the crime circumstance,namely the amount of information,the amount of the illegal income and the social harmfulness caused by infringement which includes special subject identity,the number of recidivism of the actor and the actual harm result.This article also straightens out the logic order between all kinds of crime circumstances to avoid causing the controversial judgment such as different crimes but lighter punishment in the same case,hoping to ensure the reasonableness and science of this crime into crime circumstances.