Research On Judicial Application Of Crimes Of Infringing Citizens' Personal Information

In recent years,criminal cases involving citizens’ personal information have occurred frequently.In order to combat the crime of infringing on citizens’ personal information,the Supreme People’s Court and the Supreme People’s Procuratorate issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringing Citizens’ Personal Information",which put forward relatively clear opinions on the judicial application of this crime.However,in judicial application,there are still disputes over the definition of the concept of "citizens’ personal information" for this crime,disputes over the legal interests of the crime of infringing citizens’ personal information,and different standards for determining "illegal" behavior.Controversial issues are introduced through the discussion of typical cases.This paper analyzes the current definition concept of personal information,discusses the necessity of insisting on the "identification theory" and deals with the defects of the "recognition theory" in modern times,proposes the "generalized identification theory + characteristic theory" to define personal information,and solves the definition of the concept of personal information in judicial application.question.On the basis of clear concept definition,it makes a comparative analysis of the current legal interest theories,and proposes the necessity of adhering to the "social trust theory" under the super-personal legal interest.Analyzing the "illegal" theory of the crime of infringing on citizens’ personal information,it is clear that the understanding of "illegal" should be explained systematically,and "violation of relevant state regulations" should be explained in a limited way.It is suggested that the prohibition of employment should be widely applied in the judgment of the crime of infringing on citizens’ personal information,and suggestions for improving the system of prohibition of employment should be put forward to prevent the recurrence of this crime.