The Criminal Law Protection Of Personal Information

In recent years, with the development of science and technology, we are not only enjoying the convenience of information, but also suffering information leakage. Driven by the interests, outlaws use various means to invade personal information. Besides property characteristics, personal information also reflects human rights which include privacy. Therefore, protection of personal information is the new requirements and new topic for human rights. Article 7 of Amendment 7of criminal law conforms to the demand of social development and enhance the effect of the criminal law on crime. This thesis is divided into four chapters in order to discuss the protection of the personal information in light of Criminal Law.Chapter one includes the definition of the personal information. Firstly, the author defines the personal information as "any information which can directly or indirectly identifies one person". Secondly, the author briefly introduces the basic features of the personal information which are subjectivity,property and objectivity. Finally, the author discriminates the difference between personal information and privacy.Chapter two includes the value of criminal law protection on personal information. On the one hand, the author analyzes the necessity of personal information protection by using Criminal Law. As the basic human rights, personal information is the relief valve of property rights and personal rights. The infringement of personal information has serious social harmfulness. On the other hand, the author analyzes the feasibility of personal information protection by using Criminal Law. Personal information protection by using Criminal Law has become common practice in many countries and regions. Meanwhile, our country has already formed personal information protection in some laws,regulations,rules and relevant judicial interpretations.Chapter three includes individual problems of criminal protection on personal information. At first, the author discusses the dispute on accusation. Then, the author specially analyzes the subject qualification, the subjective guilt, objective behavior and other relevant aspects of the two crimes and reaches the conclusion on how to measure whether the plot is serious or not.Chapter four includes exception of criminal protection on personal information which is the dilemma on whether human-flesh searches are crime or not. Based on the analysis of the current situation of human-flesh searches, the author puts forward that sentence human-flesh searches lack of theoretical foundation and realistic basis.