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

Due to the relatively simple provisions of the criminal law on the crime of infringing on citizens’ personal information and the lack of specific applicable standards,it is easy to occur deviations in the process of judicial investigation,evidence collection and trial.Therefore,from the perspective of judicial application of the crime of infringing on personal information,starting from combing the provisions of existing laws,regulations and judicial interpretations,through the analysis of typical cases,from the perspective of empirical analysis of application of law to conviction and sentencing by judicial organs,and basing on the theoretical research achievements of Chinese criminal law scholars on the judicial application of the crime of infringing on personal information,this thesis makes a theoretical analysis on the constitution of the crime of infringing on personal information,and puts forward some suggestions on how to improve the judicial application.The research on the judicial application of the crime of infringing on citizens’personal information has important academic value and practical significance,which is reflected in:first,systematize the right system of personal information protection in theory,and put forward that the criminal law can play a role in protecting the basic rights of individuals by cracking down on the crime of infringing on citizens’ personal information.From the perspective of criminal law,the protection of citizens’ personal information autonomy,information property rights and privacy rights can systematize the constitutional right to privacy and the legal interests protected by the criminal law.Second,reconstruct the concept system of personal information theoretically.The judicial application of the crime of infringing on citizens’ personal information,involves personal information and many related concepts which are often expressed differently in the research literature of criminal law and are also different about their connotations and denotations.From the perspective of the crime of infringing on citizens’ personal information,it is of great academic value to accurately define personal information and its related concepts.Third,systematically summarize the problems existing in the judicial practice of the crime of infringing on citizens’personal information in China.The problems in judicial practice can be analyzed and explored the causes through cases and other ways,which can provide reference for judicial practice.The thesis focuses on the constitution of the crime of infringing on citizens’personal information,the problems existing in conviction and sentencing in judicial practice and the improvement of judicial application mechanism.Its innovations are as follows:firstly,in terms of research methods,it adopts the method of combining text research with case study.Based on the research of criminal law,criminal law amendment,judicial interpretation and other major legal texts,this thesis analyzes the original legislative intention,and classifies the illegal acts of infringing on the citizens’personal information stipulated in the legal text.In the analysis of legal texts,case analysis is used to find problems,through the analysis and research of the cases,this thesis summarizes the problems existing in the judicial application.In the discussion of the important and difficult issues such as the application of probation and the circumstances of sentencing,the thesis is mainly carried out with typical cases,analyzes the case and the main purpose of the judgment,through the basic logical standard of the judge’s application of the law in the case trial,which in-depth explores the causes of these deviations and seek solutions.Secondly,in the logical structure of the research framework,the thesis is practice-oriented,texts and cases as the research materials,and from the perspective of judicial application.Through the analysis of criminal law provisions and cases,the thesis examines the difficult problems of conviction and sentencing deviation in judicial practice,and then puts forward suggestions to solve the problems from the perspective of judicial application,in order to facilitate the formation of practice orientation.The main body of this thesis consists of five chapters,the main contents of which are as follows:first,clearly define the nature and characteristics of personal information.Personal information refers to all kinds of information recorded by electronic or other ways that can identify the identity of a specific natural person or reflect the activities of a specific natural person alone or in combination with other information can be divided into three categories:identity information,social information and privacy information,with identifiable characteristics,personal personality characteristics and property rights and interests characteristics.Secondly,it makes a detailed discussion on the four constitutive elements of subject,object,subjective aspect and objective aspect of the crime of infringing on citizens’ personal information.It focuses on the possibility and necessity of the public power organization as the subject of the crime,and makes a jurisprudential analysis on the unfitness of the fetus as the object of the crime.Thirdly,it is considered that the intersection the provisions of criminal law and other laws,such as civil law and administrative law,affects the conviction of illegal acts.The thesis puts forward the principles and methods tof define the boundaries among administrative violation,civil violation and crime.Fourth,the thesis holds that the illegal abuse of personal information obtained by "wide-caliber authorization" is punishable.On the premise of abiding by the principle of legality,judicial organs can reasonably apply the "crime by punishment" to investigate criminal responsibility.Fifthly,it is clear that the Unite and the individual constitute an accomplice,which has the necessity of punishment.Sixthly,the thesis argues that there are some cases of irregular sentencing in the judicial practice of the crime of infringing on citizens’ personal information.It is mainly manifested in the wide gap in the range of sentencing,with different sentences in the same case,which leads to serious uneven sentencing.The fundamental reasons are the defects in the setting of sentencing gradient,the unreasonable application of leniency in pleading guilty,and the imbalance of judges’ discretion.Through the analysis of judicial application,this thesis proposes to solve the problems in practice by establishing the crime prevention mechanism and improving the judicial application mechanism.First,strengthen the "enterprise criminal compliance" plan in the prevention stage,demonstrate the necessity and feasibility of the enterprises to formulate and implement the criminal compliance plan,and put forward that "enterprise criminal compliance" can reduce the risk of enterprises infringing on citizens’ personal information.Second,it puts forward some suggestions on how to improve the path of judicial interpretation and establish an effective case guidance system.