Study On Selling And Illegal Providing Personal Information

In recent years, citizens'personal information collected by malicious, illegal leak is nothing new. The purpose of the "Criminal Law Amendment (7) of People's Republic of China ", which was passed on February 28, 2009, is to effectively fight against the illegal use of personal information of citizens so as to protect the legitimate rights and interests of citizens. The amendment adds an article that the selling and illegal providing personal information of citizens are crimes. Since the introduction of a new crime, lack of appropriate judicial interpretation, theoretical classes can't to reach a consensus on the constitution and judicial fact-finding of the crime. Only studying the constitution and judicial fact-finding of the crime hard to identify the constitution clear, we can crack down on the crime effectively and protect civil security of personal information maximally.This paper is divided into three parts:Part I: That part of the definition of personal information, as well as brief overview of their legislation. First, through the analysis of the concept of personal information and personal privacy, we will have a clear concept of personal information. Secondly, we introduce the status of personal information protection law briefly around the world and in China respectively. Finally, we discuss the meaning of the study of China's criminal law protection of personal information.Part II: This part analyses the constitution of the selling and illegal providing personal information of citizens. The objective of illegal sale and providing personal information of citizens is the personal rights of citizens. The objective act, which constitutes a crime, including the selling and providing personal information to others illegally, and the acts must be serious. Criminal subject of this crime is a special subject, which consists of natural person and the units. The crime is intentional crime, which the fault can not constitute.Part III: This section sets out the judicial fact-finding of the crime. Including morphological analysis of this crime and the difference from other related crimes.