Research On Criminal Law Regulation Of Crimes Of Infringing Citizens' Personal Information

At present,there are some problems such as the suppression of the normal flow of information,the application of the law of machinery and the lack of regulation on improper use of citizens' personal information.In order to solve these problems,it is necessary to put citizens' personal information into the possible protection path of privacy rights,citizens' right to self-determination of personal information,and super-personal legal benefits.Comparing citizens' personal information with citizens' personal privacy,we can find that citizens' personal information and privacy should belong to the cross-relationship,because of the necessity of the flow of citizens' personal information,the criminal law system for violating citizens' personal information can not simply apply the protection mode of privacy right,but after analyzing the protection path of privacy,these can bring light on the protection of citizens' personal information criminal law,such as taking combination of active protection mode and passive protection mode,It is revealed that the regulatory mode of all-chain attack is adopted and the angle of evaluating whether the right is damaged beyond the ontogeneity evaluation of the specific event parties.After excluding the privacy protection mode,the two regulatory models of citizens' right to self-determination of personal information and super-personal legal benefits should be analyzed.After comparison,in order to protect the necessary flow of information in society,it is more reasonable to set a "ceiling" of criminal law protection on the independent citizen's right to self-determination of information,and to take the restricted citizen's right to self-determination as the basis for the protection of the crime of violating citizens' personal information.Because of the nature of the protection of legal benefits by the identifiable characteristics of information,and because the super-personal legal benefits place too much emphasis on the protection of order and other restrictive factors,the theory of super-personal legal benefits is not applicable to the regulation of crimes against citizens' personal information.Based on the restricted citizen's right to self-determination of personal information,we can demonstrate the reasonable regulation of criminal acts against citizens' personal information from the perspective of the conditions for the entry of the crime,the commission of the crime and the reasonable consideration at the time of the crime.It is worth noting that the use of citizens' personal information,even the abuse of their own information,may lead to the violation of citizens' right to personal information.In considering whether it constitutes a criminal act,it is possible to introduce the standard of rational natural man-made judgment in civil law,because the citizen's control over his personal information should be distinguished from privacy,and if the relevant behavior of the perpetrator is objectively beneficial to the information ontological body,even if the act violates the will of the information ontological body,the perpetrator cannot be treated as a criminal.In practice,it is necessary to take into account the various modes of expression of information through different carriers,that is,criminal law can not regulate certain types of information expressed.In order to solve this problem reasonably,it is necessary to analyze and judge whether the relevant object constitutes personal information in the criminal law level from the perspective of substance,and to make an individual distinction between information carriers to determine the number of articles in which the actor infringes on the personal information of citizens.In adopting a chain-wide combating model to regulate criminal acts that violate citizens' personal information,the acquisition of the perpetrator should consider its purpose of acquisition and exclude the processing and extraction of the act from the criminal act.This paper holds that the key point is to use the concept of rational natural persons to find a balance between citizens' right to use information and citizens' right to self-determination of personal information.Finally,the right of self-determination of personal information also foreshadows the obligation of citizens to manage their own information.These provides guidance for the regulatory path of the "black ash production" chain,which is widespread in practice,which involves the abuse of their own information registration.