Research On The Judicial Application Of The Crime Of Infiringing On Citizens’ Personal Information

Presently,the development of emerging technologies like computer technology and sensing technology has made personal information widely used in everyday life and various professional fields,and the significance of individual information as a social resource has become gradually prominent,but this also brings the information crisis into our field of vision.In the judgement document network to infringe personal information as the screening conditions search found that since the establishment of this crime,the incidence rate of cases has shown an increasing trend gradually,explaining problems in the application of relevant laws and regulations,so it cannot effectively rein the crime of violation of individual information.The research of this article is to further improve the application of this sin.In this article,the first thing to clarify is that since the Criminal Law Amendment(IX)formally established the crime of infringing on citizens’ personal information,in the choice of legal rights,this crime should protect the personal legitimate rights and interests,and the definition of individual information should also have identifiable as the fundamental connotation.Secondly,after the statistical analysis of a large number of effective judgments,it is clear that there are many problems in the current practical application of this crime that need to be solved in time,and there are problems such as applies ambiguity and lenient sentencing in the determination of some provisions in the criminal circumstances of providing or selling personal information obtained in the course of fulfill duties or providing services,in the serious circumstances and particularly serious circumstances apply,as well as in the judgment of fixed-term imprisonment and fines,etc.Therefore,for the problem mentioned above,the view of this article is to clarify the scope of information protection in this crime,to strengthen the regulation of perpetrators who take advantage of their position to obtain personal information,to clarify the content of the serious and particularly serious legal provisions,and adjust the sentencing range of fixed-term imprisonment and fines,in order to further improve the specific content of all the laws and regulations related to this crime,improve the practical application of this crime,and realize the protection of personal information.