| To protect the safety of citizens'personal information, safeguard their legitimate rights and interests and prevent relevant crimes, the Amendment to the Criminal Law of PRC (VII) added a crime about violating citizens'personal information. But China hasn't issued any Personal Information Protection Law, and still we don't have a clear definition on personal information yet, which brings certain difficulty in applying the Criminal Law in legal practice. The definition of citizens'personal information involves which kinds of citizens being in the range of the protection of Criminal Law, and it is the premise of incrimination. Now provisions about protecting this are scattered in Civil Law, Administrative Law and other laws and regulations. Considering the relationship between Criminal Law and other laws, differences in regulation objects and protection methods especially that Criminal Law is of Ultima Ratio of Penalty and supplementary and as the final resort, the definition of citizens'personal information in Criminal Law should be different from others. So, defining the basic scope of citizens'personal information in this accusation and taking which standard to determine it are the first questions should be made clear when applying this accusation. |
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