On Criminal Law Protection Of Personal Information Of Citizens Rights

With the rapid development of social economy, every member of the society has toparticipate in social and economic activities. In the supply and demand markets, sell what youhave, at the same time, access to they need. Personal information of citizens, is playing amore and more important role in social and economic activities. At the same time, the citizensin our country are facing the troubles caused by the leakage of personal information everymoment. For example, enrolling in an exam, before the examination, there are many annoyingagencies send you information frequently to sell the answer. In view of the fact that somestate agencies and education, transportation, medical, telecommunications, finance and otherunits not strictly fulfill the obligation of confidentiality, threating seriously to people’spersonal and property safeties, and personal privacy. In the2009Criminal law amendment(seven), the seventh title specialized the crimes of selling and illegally providing and illegallyobtaining personal information. But as a special law to protect citizens the right of personalinformation, there are still a lot of confusions in the judicial practices, needing further claritiesand perfections.This paper discusses the criminal law protection of personal information of citizens rightby three parts.The first part discusses the basic theory of the right of personal information. This partcontains the concepts of personal information, personal information right and the nature andcontents of the right of personal information.By the name list of different domains of personal information and the law circle of ourcountry’s habits, this part determines to use the concept of personal information.Comparing the legislation of "generalization" and "list and sum" of the two kinds of personalinformation concept, the author advocate the use of "generalization", clearing personalinformation has three characteristics, namely, the subject of natural person, identification andunique results.Personal information right as a new civil right, it is necessary to define the nature ofscience. Through the pros and cons of four theories in civil law, the author advocate personalprivacy information management authority belongs to personal privacy right. The author argue that the right of personal information of citizens concludes the right toknow, the right of correction, the right to prohibit, privacy right and right of relief.The second part discusses constitutive elements of the sale, illegally providing personalinformation of citizens and the crime of illegal access to personal information.Through the study of legislation, this part follows the legislative background and thelegislator’s intention, the crime object, objective aspects of crime, subject of crime and thesubjective aspects of the two crimes to lay the foundation for the analysis and improvement ofthe two crimes in the third part.The third part is the key point of this paper and mainly discusses the problems andimprovement of the Criminal law in protecting personal information of citizens.The lacks of personal information of citizens protection in criminal law in our country ismainly manifested in three aspects: one is to make the provisions in the premise of speciallaws for lack of protection of personal information under the modesty of criminal law,disobeying the restraining of the Criminal law; two is fuzzy roughs in the constitutiveelements of the crime, mainly in the subjects of the crime in the sale, illegally providingpersonal information of citizens and the standard of "serious"; three is there is no mode settingin private prosecution.This paper suggests to perfect them from the following aspects:Speed up the special laws to protect civil rights of personal information and regulate theadministrative sanctions and civil sanctions.Clear and perfect the constitutive elements of crime and expand the subjects of crime tothe unit or individual who can legitimately acquire personal information. From object,purpose, amount and the results to identify the standard of "serious".Set the crime prosecution mode, and is not really complain.Put forward the inversion of burden of proof system settings. Provide two different pathsfor legislators to protect personal information of citizen right, together with the civil actionset.