Research On Criminal Law Protection Of Citizens' Personal Information In My Country

The Internet age endows citizens' personal information with great value,which is closely related to citizens' personal interests and property interests.Just because of the great value of personal information,the crime of infringing on citizens' personal information happens more frequently.These crimes have caused great harm to citizens' personal and property interests,and even to the public interests of the society.In order to cope with this situation,the 7th Amendment to the Criminal Law of China stipulates that the act of infringing personal information is a crime for the first time.With the increase of the number and type of the crime of infringing personal information,the 9th Amendment to the Criminal Law of China expands and improves the scope of the crime of infringing citizens' personal information,so as to adapt to the actual situation of information crimes in the new era.After that,the corresponding judicial interpretation also explains the specific application of this crime.However,a series of criminal legislation can not fully deal with the current situation of the crime of infringing on citizens' personal information,and many criminal acts of infringing on personal information can not be regulated by criminal law.First of all,there is no complete personal information protection system in China's criminal law,which is mainly manifested in the lack of complete prepositional legal norms for personal information and the lack of complete penalty system.Secondly,the relevant provisions of the crime of infringing on citizens' personal information also have some problems,which are mainly manifested in the unclear definition of the scope of citizens' personal information,the unspecified standards for the determination of serious circumstances,the too narrow provisions on the criminal behavior mode and the lack of provisions on negligent crime.In view of these problems,this paper also introduces the criminal protection of personal information in some countries outside the region,such as Germany which is the representative of the civil law system and the United States which is the representative of the common law system.Based on the experience of foreign countries,the author puts forward some suggestions to improve the protection of personal information in China.First of all,China should introduce the Personal Information Protection Law as soon as possible,improve the pre-legislation of personal information,and also improve the punishment system for personal information crimes,so as to make the personal information protection system in the criminal law of China more comprehensive and complete.Secondly,in view of the problems existing in the crime of infringing upon citizens' personal information,it is necessary to define the concept and protection scope of citizens' personal information,clarify the standard of serious circumstances,increase the criminal behavior mode of this crime and add the crime of infringing upon citizens' personal information by negligence,so that our citizens' personal information can be well protected.