Case Analysis Of Zeng Rui, Zheng Huihong And Others Infringing On Citizens' Personal Information

With the “Internet +” becoming increasingly integrated into life and the rapid development of big data,personal information is hailed as the most valuable resource in the 21 st century.Obtaining accurate and effective information is a vital part of business transactions and is also the target of criminals.In our country,the vast majority of people have experienced personal information leakage and harassment,which has seriously affected the tranquility of our lives.What's more,after obtaining the personal information of citizens,criminals began to carry out cyber fraud and extortion.In 2009,China 's “Amendment to the Criminal Law of the People's Republic of China(VII)”protected citizens 'personal information for the first time,and added the crimes of selling,illegally providing citizens' personal information,and illegally obtaining citizens 'personal information.The 2015 Amendment to the Criminal Law of the People's Republic of China(9)expanded the conditions for incriminating this crime,and merged two crimes into one crime,namely the crime of violating personal information of citizens.In 2017,the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation of Several Issues on the Application of Laws in Handling Criminal Cases of Violating Citizens' Personal Information,which provided standards and basis for judicial authorities to determine this crime.However,due to the inherent abstraction of legal texts,the complexity in practice,and the diversification of crime forms in the era of big data,legislation does not cover everything,which has led to a large controversy in the protection of citizens' personal information criminal law in judicial practice.This article analyzes the crimes of violating citizens 'personal information by analyzing cases such as Zeng Rui and Zheng Huihong's violations of citizens' personal information.The thesis is divided into four parts:The first part is the introduction,which mainly expounds the research purpose and significance of this article,as well as the current status of research on the legal protection of personal information of citizens at home and abroad,and finally summarizes the research methods and innovations of this article.The second part mainly describes the basic situation of the case,and is divided into two parts.The first is an overview of the facts of the case,which comprehensively introduces the facts of the case and the court's judgment;the second is to summarize the differences between the prosecution and the defense during the trial,and finally summarize the focus of the dispute in this case.The third part mainly analyzes the focus of the dispute.The first is to study the object of the crime of violating personal information of citizens,including the concept,protection scope and legal attributes of personal information;the second is to analyze the determination of the amount of personal information of citizens;the third is to analyze the upstream and downstream of the crime of violating personal information Crime count.The fourth part mainly elaborates the thinking caused by the case,analyzes the provisions and recommendations for the "serious circumstances" determination of the crime of infringing on personal information of citizens,the problem of identification of purchase behavior in the crime of infringing on personal information of citizens,and the protection between the criminal and non-criminal protection of personal information Connection mechanism.