The Status Quo, Problems And Improvement Of Quantitative Evaluation Of The Crime Of Infringing Citizens' Personal Information

The quantitative evaluation standard of the judicial interpretation of the crime of infringing citizens' personal information needs to be further studied.This article analyzes the current situation,problems and improvement of the quantitative evaluation of crimes of infringing citizens' personal information one by one.First,conduct an empirical study of 215 effective judgments.It was found that information quantity standards are most applicable,and illegal income standards are more applicable;for quantity calculation standards,most judgments are based on information calculation units,73.81%of the courts did not de-duplicate and verify information;information quantity standards exist in information classification Confusion;regarding the illegal income standard,59.32%of the criminals'judgments did not contain information on the number of pieces of information;33.33%of the number of people who were confused by the information use standard;71.43%of the cases of confusion in the work convenience standard;and cases of confusion in the serious consequence standard.50%;cases of confusion in legal management standards and referees accounted for 81.82%.Secondly,analyze the shortcomings of the current quantitative evaluation.The new quantitative evaluation standards are too vague,the quantitative calculation standard rules are unclear,the information quantity standards are classified in confusion,the information use standards are logically conflicted,the work convenience standards are in confusion,and the legal operation standards lack systemicity.The traditional quantitative evaluation standard has limitations,the illegal income standard has the problem of improper use,and the application of the serious consequence standard is chaotic.Finally,a perfect plan for quantitative evaluation is proposed.In terms of macroscopic thinking,adopt the basic theory of the new type of legal interest attribute theory and the complex theory of categorical constituent elements,clarify the basic position of strict principle and leniency as exceptions,and determine to fully study the quantitative evaluation standards of individual crimes to improve the quantitative evaluation standards of quasi-crimes System,adhere to and develop traditional quantitative evaluation standards and the overall path parallel to multiple quantitative evaluation standards.On the one hand,clarify the specific path for optimizing the new quantitative evaluation standards.The first is to clarify the information calculation standard,divide the information with people as the unit,the information units are mainly articles,supplemented by groups,strengthen the legitimacy of the presumption rules,emphasize the important link of the preliminary de-duplication and verification of basic facts,and the judicial interpretation The third paragraph of Article 11 "based on the number of seizures" is replaced with "after preliminary deduplication and verification processing".The second is to improve the information quantity standards,and adjust the third item of Article 5,paragraph 1,to "illegal acquisition,sale or provision of track information,communication content,credit information,property information,etc.,directly affecting the personal and property safety of citizens More than 50 pieces of information";clearly define the information classification idea of "objective first and subjective later".The third is to expand the standards for the use of information.The first paragraph of Article 5 adds the provision of "illegal acquisition of citizens'personal information for the purpose of committing crimes".The fourth is to reiterate the work facilitation standard and sort out the applicable rules of the heavy provisions of the criminal law and the judicial interpretation of Article 5,paragraph 1,item 8.The fifth is to adjust the standards for legal operations.Article 6 Paragraph 1 will increase the amount of information stipulated,that is,"Illegal purchase and receipt of more than 100,000 pieces of personal information of citizens other than those specified in Article 5,Paragraph 1,Paragraph 3 and Paragraph 4 of this Interpretation ";Adjust the amount of fines,and Article 12 adds the stipulation that "for convictions under the first paragraph of Article 6,the amount of fines is generally more than one time and less than five times the amount of illegal profits".On the other hand,it proposes a specific path to clarify the traditional quantitative evaluation standards.Reiterate the illegal income standard and overcome the tendency of improper use.Clarify the severe consequence standard and apply it accurately in empirical cases.