Dilemma And Countermeasures Of Criminal Law Protection Of Citizens’ Personal Information

With the development of the era of big data,citizens’ personal information began to appear in everyone’s field of vision as a specific logo.The desire for citizens’ personal information in all walks of life is extremely strong.Whoever thinks that he has the initiative of information will have the right to speak.This is understandable for the reasonable and legitimate behavior of citizens’ personal information processing,but once there is an unreasonable violation of citizens’ personal information,it will lead to serious harm.The criminal law protection of citizens’ personal information in China is in constant development,but there are still some shortcomings until today.Therefore,in order to protect human rights and combat crime,it is of great significance to study the criminal law protection of citizens’ personal information in depth.In addition to the introduction and conclusion,this paper consists of four parts:The first part: First of all,it introduces the basic situation of citizens’ personal information,sorts out the related concepts of citizens’ "personal information" and defines it clearly.Secondly,it expounds its legal essence,including four theories:relevance theory,privacy theory,identifiability theory and private peace theory.Thirdly,the legal interest position of criminal law protection of citizens’ personal information is clarified.Finally,the necessity of criminal law protection for citizens’ personal information is discussed.Through a comprehensive analysis of the current infringement of citizens’ personal information,the importance of citizens’ personal information is clarified,and three key points are summarized,namely,the social harm of infringing citizens’ personal information is great,the criminal law protection for citizens’ personal information is imperfect,and the conclusion that citizens’ personal information should be protected by criminal law in line with the trend of the times.The second part: It is clear that the protection of citizens’ personal information by criminal laws in China is insufficient and difficult.This paper sums up the concrete points that the protection of citizens’ personal information in China’s criminal law is not perfect,and probes into the dilemma of vague protection object of citizens’ personal information in criminal law,single criminal prosecution mode,unreasonable subjective setting of citizens’ personal information crime,one-sided stipulation of objective behavior of infringing citizens’ personal information,inadequate protection of biometric information,and unclear determination of serious circumstances.The third part: This paper investigates the protection of personal information of foreign citizens,and analyzes the relevant provisions of civil law system,common law system and European Union law.At the same time,based on China’s national conditions,it appropriately refers to the legal protection experience of foreign citizens’ personal information,and gets inspiration and reference from it.The fourth part: This paper expounds the countermeasures of criminal law protection of citizens’ personal information,that is,mechanism construction,puts forward improvement countermeasures and suggestions,clarifies the object of criminal law protection of citizens’ personal information,enriches the criminal prosecution mode,broadens the relief channels,increases the identification of criminal subjective negligence,improves the objective behavior of crimes,strengthens the protection of biometric information,and clarifies the provisions of serious circumstances,so as to improve the criminal law protection of citizens’ personal information.