Research On The Crime Of Infringing Citizens’ Personal Information

With the advent of the era of information explosion,people have a deeper understanding of the importance of personal information.While enjoying the convenience that information brings to society,we can’t help but wonder whether our personal information is truly safe.Coupled with the implementation of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")and the Personal Information Protection Law of the People’s Republic of China(hereinafter referred to as the "Personal Information Protection Law")in the past two years has made people pay more attention to the security of personal information.Although both the Criminal Law Amendment(VII)and the Criminal Law Amendment(IX)have established special charges for the protection of citizens’ personal information,they have been enacted for many years.Some of these provisions provide that,for example,there are disputes between the behavior modes of the crime of infringing on citizens’ personal information,as well as the absence of illegal use under special circumstances,there are various disputes about the concept of citizens’ personal information,and what is the legal interest object of this crime,As well as the hierarchical classification of personal information,etc.,have gradually failed to keep pace with the rapidly changing current situation of the era.In today’s social situation where the personal information of citizens has been repeatedly leaked,resulting in the personal and property safety of citizens has been in danger,the state needs to revise and improve the charges in the future amendments in order to better regulate this kind of criminal acts,the protection of personal information Brooks no delay.This article first sorts out the definition of personal information in the crime of infringing on citizens’ personal information and the evolution of the crime.Then,based on the theoretical analysis perspective of the traditional four elements,it combines cases on the Chinese judicial documents website and typical cases published by the Supreme Court,the Supreme Procuratorate,the Ministry of Public Security,as well as data obtained from other channels as support,The following legislative and judicial disputes exist in the Amendment IX and 2017 judicial interpretation of this crime,firstly,there is an unclear definition of "citizen personal information" in this crime;secondly,there are difficulties in determining the types and levels of personal information areas;thirdly,there are different controversies in the academic circles about the legal interests protected by this crime;fourthly,there are contradictions and disputes in the judicial interpretation of the conviction,sentencing,and behavior of this crime.In response to the above issues,combining the current legislative experience of personal information protection in common law and civil law systems,we will find some practices that have certain reference significance for our country,such as considering the issuance of relevant guiding cases by the Supreme Court.Finally,based on the issues analyzed above,starting from the criminal subject and objective aspects of this crime,it is concluded that China’s legislature needs to uniformly clarify the specific meaning of "citizen personal information",formulate reasonable and detailed types of personal information and judgment standards,establish more reasonable criteria for determining conviction and sentencing.For example,in the future,consider deleting the provision that the amount and quantity of personal information can be halved if the circumstances of special subjects are serious,and suggest that governments,industries,enterprises,and individuals work together to build a diverse and common governance social system,the purpose is to remind people to enhance their awareness of personal information security,and to contribute to the revision and improvement of the crime of infringing on citizens’ personal information in China.It is also hoped that rigorous and detailed criminal sanctions can be formulated to reduce the incidence of cases of infringing on citizens’ personal information,and minimize the irreparable losses caused by this crime to the personal and property security of citizens.