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Citizens' Personal Information Protection Of Criminal Law

Posted on:2013-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:M Q YuFull Text:PDF
GTID:2246330374965420Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
As the era of rapid development, China enter into the information society, the infringement of citizens’ personal information behavior happens continuously, disturbing the order of the society and the intervention of citizens’ normal life, the problem of protection of citizens’ personal information has been increasingly prominent. Criminal law amendment (7) infringe upon personal information behavior into clear criminal law range, is the progress to the person information protection, is also the more countries respect and safeguard human rights embodiment. As the new charges, by legislation defects and the reality, with the other factors, there are the problems about understanding the split, in the judicial practice of practical operation also needs to be improved. In this context, the personal information protection of citizens with the criminal law has the significant practical significance. The paper is divided into four parts:Preface part from the Angle of history and current situation of the development of the society state the research backgrounds and research significance of this text, the research at home and abroad are reviewed to some research results and summarize the main content of this research.The first part is the summary of citizens’ personal information. Through the distinction between the concept of personal data and the concept of personal privacy, it is concluded the definition of personal information, it also provide the scope of criminal law protection and state the legal characteristics of personal information from three aspects of the main body specificity、identification、personality and property characteristics, the individual information is defined a new right or means right of personal information.The second part is the personal information protection of Criminal policy analysis. Through the analysis of the existing legislation protect regulation, it point out the disadvantage and reason of the legislation, combined with violation individual citizens of the present situation of information crime, it is concluded that the necessity (?) improving legislation modification. The third part is foreign citizens’ personal information protection legislation for reference. The part analysis the foreign citizen of personal information protection legislation from four aspects which is value position, regulating mechanism, legislative model and the countries of the criminal law, the advantages and disadvantages are summarized the reference to the choice relying on to our country national condition that.The fourth part is our country criminal law of the protection of citizens’ personal information perfect. Combined with the analysis of the foregoing article, from the perfect lead method, the establishment of a complete control system, perfect the citizen of the personal information protection and perfect the criminal law, shall be investigated for criminal procedure, perfect the citizen personal information protection measures of criminal law and so on four big put forward the improvement Suggestions.
Keywords/Search Tags:Personal Information, Criminal Law Protection, ConsummatedSuggestion
PDF Full Text Request
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