Research On The Disputes Of The Crime Of Infringement Of Citizen’s Personal Information

Since the crime of illegally providing and selling citizens’ personal information was added to the Seventh Amendment to the Criminal Law in 2009,the number of criminal cases of infringing on personal information has been increasing,which also produces many difficult and controversial issues in the application of criminal law.At the same time,due to the promulgation and implementation of the Network Security Law of the People’s Republic of China in 2017,the Civil Code of the People’s Republic of China and the Personal Information Protection Law of the People’s Republic of China in 2021,there are many "new problems" in the application of the criminal law of the crime of infringing on citizens’ personal information.This article intends to study the main controversial issues in the application of criminal law of this crime.This paper is divided into four chapters:Chapter one is about dealing with the scope of citizens’ personal information.First of all,there is considerable controversy over the identification standards for the "identification" of citizens’ personal information,and this paper re-establishes the identification standards for "personal information" from the perspectives of the harm that personal information leakage will bring to society and the types of personal information.Secondly,the dispute over the attribution of citizens’ personal information,disclosed citizens’ personal information,sensitive and important information,biometric information and other special information in non-criminal law is evaluated,and corresponding identification standards are proposed.Chapter two is about the systematic status and scope of the "relevant Provisions of the State".First of all,in view of the system status of the "relevant provisions of the illegal state",there is a dispute between the constitutive elements and the suggestion of the cause of preventing illegal.On the basis of the analysis of two different theories,this chapter focuses on the rationality of the cause of preventing illegal.Secondly,regarding the scope of "relevant regulations of illegal state",the main dispute is whether to include the newly added departmental regulations.There is a dispute between the negative and the affirmative.This paper agrees with the affirmative restriction theory,and puts forward that the "relevant national regulations" should be limited to the scope of the department regulations that refine the upper law.Chapter three is about the execution of this crime.First,it clarifies the connotation and function of the principle of "informed consent".Second,in view of the dispute on the identification of selling and providing citizens’ personal information,the author puts forward that "selling" should not be based on consideration and that there is an inclusive relationship between selling and providing.Third,it clarifies two kinds of behaviors of stealing citizens’ personal information: technical theft and beyond authority theft.Fourthly,in view of the debate on the identification of other methods of illegal acquisition,the author puts forward the identification standards in three aspects.Chapter four is about dealing the relationship between this sin and other sins.At present,the main controversies include: the dispute between this crime and the crime of illegally obtaining computer information system data,the dispute between this crime and the crime of illegally using information networks,the dispute between the theory of joint punishment of several crimes and the theory of heavy punishment,and the dispute between this crime and the crime of fraud.This chapter sets out the corresponding positions and rationales on the basis of commenting on the various statements.