Research On The Judicial Determination Of Crimes Of Infringing Citizens' Personal Informatio

Citizens’ personal information is an important resource in the era of big data,and fragments of information closely related to people exist widely in the virtual and real world.The balance between the free flow of information and effective protection of information has become a practical challenge.In 2017,the Interpretation helped to clarify the issues of conviction and sentencing standards and legal application for the crime of infringing on citizens’ personal information to some extent,and its preliminary legal norms were gradually improved with the introduction of the Personal Information Protection Law in 2021.However,the debate on the specific constituents of this crime has not stopped,and the difficulties in judicial application have not been properly resolved.The unclear protection of legal interests in this crime affects the determination of specific constitutive requirements of the crime,such as the definition of personal information in the sense of criminal law,the understanding of "violating relevant national regulations",the understanding of specific harmful behaviors in this crime,the necessity of legally obtaining and illegally using personal information,and the determination of numerous "serious circumstances" standards in this crime.Especially in the actual judicial application of this crime,gradually present the dilemma of determining the crime composition of this crime.Therefore,based on judicial practice cases and criminal law theory,a comprehensive examination of the preceding legal provisions,including the Civil Law and the Personal Information Protection Law,is conducted.While clarifying that the legal interest protected by this crime is the right to protect personal information,the connotation of citizens’ personal information within the scope of criminal law is clarified.Following the systematic interpretation of criminal law,the meaning of "violating relevant national regulations" is understood,and the illegal provision and illegal acquisition of harmful acts are correctly understood.On this basis,the illegal use of personal information will be included in the scope of criminal law regulation,and the criteria for determining "serious circumstances" will be comprehensively clarified.Peel off the elements of the criminal elements that do not meet the requirements of this crime layer by layer from the criminal circle,and then comprehensively regulate the illegal and criminal behavior of infringing on citizens’ personal information in a three-dimensional and systematic manner,combined with other pre existing laws and regulations.