Research On Criminal Law Regulation Of The Crime Of Infringing Citizens' Personal Information

With the rapid development and growing maturity of the information society,the personal information of citizens is constantly being deeply mined,and its commercial value is also increasing day by day.Followed by high rates of cases of infringement of citizens' personal information,this is not only to individual citizens infringement of interests,macro speaking but also to the state and society this super personal infringement of interests,and because of this kind of behavior means hidden violation,infringement information quantity huge,consequence is serious,so should cause our enough attention,and appropriately increase for this crime crackdown.However,China's legislative protection of this aspect is relatively late.Although "crime of infringing on citizens' personal information".is added in Amendment IX of Criminal Law,there is a lack of systematic and complete legal protection system,which also hinders the development of judicial practice.This paper analyzes the crime from all aspects and discusses it from five aspects.The first part of this paper mainly explains the theoretical basis of citizen personal information in order to define the relevant concepts and lay a solid foundation for the following article.Firstly,the connotation and denotation of citizens' personal information are analyzed.It is concluded that "citizens" should include foreigners and stateless people,and "identifiable" should be taken as the standard to define citizens' personal information.Secondly,the behavior characteristics of the crime of infringing citizens' personal information are discussed.Finally,it introduces the relevant theories of the legal interests protected by the crime of infringing on citizens' personal information,and thinks that the crime infringes on the extra-personal legal interests,and discusses on this basis.The second part of this paper focuses on the legislation of the crime of infringing citizens' personal information and its shortcomings.From the promulgation of C riminal Law Amendment(VII)to the promulgation of Criminal Law Amendment(IX),it is discussed in three stages,and the comparative analysis is made,and then the deficiencies of the current legislation are put forward,such as the imperfect legislative system,the lack of clear principles,and the incomplete summary of the types of criminal acts.The third part of this paper studies the current judicial situation of this crime in China and draws a conclusion.Although great progress has been made in China's judicial practice,there are still some defects,such as insufficient judicial crackdown,defects in the existing judicial interpretation,and inconsistent sentencing standards.The fourth part of this paper uses the method of comparative study to discuss.Articles from Anglo-American law system and continental law system and the representative countries and regions of the European Union,the study of the legislative and judicial status and comparative analysis,in order to learn from the successful experiences of crime of infringement of citizens' personal information in our country to improve and optimize the criminal law,and to better protect citizens' personal information.The fifth part of this paper,based on the previous discussion,puts forward relevant suggestions from the legislative and judicial,and strives to better realize the role of criminal law in protecting citizens' personal information.First;the legislative level.It is suggested to formulate a special "personal information protection law",to make up for the lack of the pre-law aspect of this crime,and to build a more complete and systematic system of legal norms.Including illegal access,use,storage,modification and other behaviors into the type of criminal behavior,to realize the comprehensive protection of personal information;Second,the judicial level.It is clear that "personal information" should include two identification standards:direct identification and indirect identification,and the standards of conviction and sentencing should be strengthened.Correlative technical support against information crimes is also essential,only in this way can we better regulate the violation of citizens' personal information behavior,promote the stable and sustainable development of information society.