Research On The Difficult Problems Of The Crime Of Infringing Citizens' Personal Information

At present,the development of big data technology and social life continue to blend.The use of personal information is becoming more and more popular,which brings a lot of convenience to daily work and life.However,its economic value is exposed,and it is constantly exploited and even abused.A variety of access means lead to frequent violations.The potential risks are increasing.The use and protection of personal information has become a hot issue in recent years.Therefore,China continues to establish and improve the relevant legislation of personal information.Especially as the most severe law,criminal law plays the role of final defense in the protection of citizens’ personal information.In this paper,through the collation of relevant judicial data,and on this basis,extract some judgments to further summarize.Analysis of the crime in the judicial practice of difficult problems.Based on article 253 of the criminal law and judicial interpretation,this paper studies the above problems through relevant theories.The paper puts forward some reasonable countermeasures for some unsolved problems in practice.The specific structure is as follows:The first chapter is the historical evolution and judicial data analysis of the crime of infringing citizens’ personal information.The first section reviews the history of this crime and briefly describes the relevant contents of legislation and judicial interpretation.The second section is the judicial data analysis,retrieval,sorting,analysis of judicial documents related to this crime in recent years,and the relevant data in the form of charts.It summarizes the main controversial focus of difficult problems in judicial practice.On this basis,through the subsequent chapters to further expand.The second chapter is the identification of citizens’ personal information.From its scope,legal interest attribute and special type identification three aspects.In the first section,different viewpoints of the current academic circles are sorted out and evaluated one by one.Finally,the definition is clear.The second section is to clarify the nature of legal interest.This paper briefly describes the current views of several mainstream theories.Further comparison,the final conclusion.The third section is the identification of special personal information.Mainly from the infringement of the personal information of the deceased,foreigners and stateless persons whether the behavior is included in the scope of this crime.The third chapter is the existing problems of illegal use of personal information and the perfection of criminal law regulation.The first section is to study the practical problems that it is difficult to regulate the illegal use of personal information in practice,including three aspects:the illegal use of the behavior has serious social harm,and cannot be regulated by the crime and other crimes in criminal law;The second section is the necessity of the criminal law to regulate the illegal use behavior,mainly from three aspects:the connection between this kind of behavior and the relevant prepositional law,the comparison of other charges,and the international mainstream trend of criminalizing this kind of behavior;The third section is the assumption of incriminating illegal use behavior,which mainly includes two aspects:adding crime types and improving the relevant judicial interpretation of this crime.The fourth chapter is the analysis of the "serious circumstances" of the crime of infringing citizens’ personal information.This chapter mainly studies the standard of "serious circumstances" in judicial interpretation.The first section sorts out and analyzes the specific provisions of "serious circumstances".The second section summarizes the problems existing in the identification standard of "serious circumstances".Mainly from the information type is difficult to distinguish,the amount of information identified problems and the existence of repeated evaluation of three angles.The third section puts forward the ideas and Countermeasures to solve the corresponding problems.It includes clarifying the types of controversial information,reasonably determining the amount of information,deleting the special identity standard and subjective malignant standard.