Research On Several Issues Of Crime Of Infringement Of Citizens’ Personal Information In China

Development of the technology produces the convenience of life, brings aboutthe information society, and results in infringing citizens’ personal information in thisor that way. The trends of human right protection in the world set an even higherdemand in the cause of protecting personal information which is one part of the saidhuman right. In this case, how to protect personal information more actually andperfectly in compliance with the international trend and in line with the actualconditions in China has become a big difficult point in legislation.On same premise above in this article, the author introduce the basic concept andnature of ‘personal information’ and through analyzing the status quo and reason ofinfringement of the personal information in our country point out that it is necessaryfor criminal law to get involved in this aspect. Meanwhile the author highlight that thecriminal law shall conduct the said protection in a proper scope. Finally, throughconcrete analysis of the current provision applicable proposes revision suggestion onrelevant criminal provision of our country.This article is divided into three parts:In the first part, the author set forth the basic concept of Citizens’ personalinformation and necessity for criminal law of our country to get involved in theprotection of Citizens’ personal information. This article lists current divert conceptsof Citizens’ personal information in the world and advance the personal informationconcept in keeping with our normal understanding. Through analysis the author pointsout that the owner of personal information is nature person and the informationpossesses the characteristics of being distinguishable, extensive content and diverseforms. In the meantime, through analyzing the status quo and reason of infringement of the personal information in our country points out under special historycircumstance the consciousness of human right is insufficient and normally ignoredby many people. What’s more worse is that institution of relevant managementregulation of government and rapid development of existing network environmentlead to serious violation of citizens’ personal information. To meet the need of humanright protection, social management and international trade development, it is urgentfor criminal law to provide some article to protect the personal information.In the second part, the author states the judicial identification of infringement ofpersonal information, pointing out the judicial identification principle of the charge,i.e. moderation. With the guideline of the said principle, the author separatelyanalyzes the Crime of selling and illegally providing citizen’s personal information,and further analyzes subject, subjective aspect, the object and objective aspect ofillegally acquiring personal information. With regard to the hot topics in academiccircle, illegal behavior of using personal information, illegal possession of personalprivacy information behavior and Internet mass hunting, the author analyzes andholds that for the moment the conditions to regulate the above three behaviors in thecriminal law have not been satisfied.In the third part, the author presents how to perfect the protection of personalinformation in the criminal law. This article analyzes the existing regulation andissues which have not been legislated; with judicial practice puts forward specificimprovement suggestions so as to achieve the aim of protecting personal informationmore perfect and more effectively.