Research On The Citizen’s Personal Information On Criminal Justice Protection In China

Personal information of citizens is more and more important to our life, somepeople treat personal information as a tool of gaining benefits, personal information isnot only have the nature of property but also have the nature of personality in theinformation age. In the society, the behavior of the infringement of citizens’ personalinformation is very rampant and the means is endless. Using civil sanctions,administrative sanctions can not effectively protect the personal information ofcitizens, so the criminal law have to intervene. To strike the behavior of theinfringement of citizens’ personal information, which is more and moreserious,February28,2009promulgated the "Criminal Law Amendment (g)",whichbegin protect the information of citizens and set up two violations of civil offenses,were sold illegally providing personal information of citizens crimes and the crime ofillegal access to personal information of citizens. It is have great significance toprotecting personal information of citizens.To protect the personal information, we must clear it’s connotation.The criminallaw is last method to protect civic right, it can not protect whole personal information,so the scope of the personal information is can not too broad. This paper use the pointof view of identification to define the personal information.It is situation required to protect personal information by criminal law, but wedon’t have front method to protect personal information, so there is lack of cohesionbetween correlative system. This result in not achieving desired effect. Because wedid not research the theory of personal information deeply and the legislation ofpersonal information is very hurried, so there is some defects of criminal lawprotecting Chinese citizen’s personal information. This paper is analyze fromCriminal Subject, Objective Aspects, Legally-prescribed punishment and EconomicLitigation Prescription.There are some advanced place from foreign legislation, we can study from it.This paper introduce some criminal law of some countries about protecting personalinformation. For instance the Danish and Germany, they set Economic LitigationPrescription and clear the scope of personal information. And most of countries have special law to protect personal information, so there is a good connection betweenspecial and criminal law. All of this, we can study from this countries.It is have great significance to protect personal information by criminal law.Butthere are some defects and shortcomings of criminal law, so can not protect personalinformation effectively. This paper put forward some perfecting suggestion, which iscorresponding to the defects. First constitute scope of the provisions of the crime thegeneral body; second in objective aspects mainly expand the scope of harmfulbehavior, form the definition of personal information and made serious developmentof specific standards. Third in measurement of penalty aspects, the penalty should bedifferent according to the different criminal subjects and the unlimited penalty systemshould also be replaced by the limited fining system. Finally in terms of EconomicLitigation Prescription, this paper recommend that adopt private prosecution mainly.