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Criminal Law Protection Of Personal Information

Posted on:2021-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:L S ShaFull Text:PDF
GTID:2516306029977089Subject:Law
Abstract/Summary:PDF Full Text Request
With the combination of the popularization and application of Internet and communication technology,the whole society has completely entered the information age.The information age has brought untold convenience and benefits,but the network is a virtual world,which also brings us some negative lists,constrains our various behaviors,and information protection is a very important issue.The use of personal information should be cautious.Good use will help create a better future for our work and life,and bad use will lead to incalculable consequences.In recent years,there are many tragedies caused by illegal infringement of citizens' personal information,which also reminds us to pay attention to the protection of personal information.Infringing personal information of citizens is often associated with many downstream crimes,and its real purpose is often some other illegal criminal activities,such as telecommunication fraud,extortion,kidnapping,intentional killing,etc.Information data has become an important factor of production in the society,and people gradually pay attention to information protection.Although the amendment of criminal law and judicial interpretation provide the basis for cases of infringing personal information of citizens,and obtain certain legislative achievements.However,with the development of Electronic Science and technology in the information age,the complexity of cases of infringing personal information of citizens poses a great threat to people's property and person.The existing laws and regulations can not properly solve the problem.Therefore,we must improve the criminal law protection of personal information of citizens,strengthen management,and actively and effectively prevent criminals from using personal information of citizens to commit crimes Activities.This paper analyzes the focus dispute of typical cases and various viewpoints of academic circles,and finally puts forward my own opinions.This paper summarizes the relevant concepts and attributes of the criminal lawprotection of personal information,and clarifies the scope of the personal information of citizens through the research and integration of various views of the academic community.In view of the knotty problems of the crime of infringing upon citizens' personal information,this paper discusses the understanding of "violating the state's regulations",the standard of "serious circumstances",the identification of "illegal acquisition" and the problems of accomplice.At last,the author puts forward some problems in the protection of personal information in China,such as lack of pre-existing legal provisions,lack of behavior mode,single prosecution mode,etc.,and puts forward some suggestions for the safety of personal information in judicial practice and the protection of criminal law in combination with foreign legislative experience,so as to improve the protection level of personal information in China,and expects that the protection of personal information in criminal law will be more effective Plus comprehensive and effective.
Keywords/Search Tags:telecommunication fraud, personal information, criminal law protection, system construction
PDF Full Text Request
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