Research On The Infringement Of Citizens’ Personal Information Crime

The crime of invasion of personal information is a new model commits crime in Amendments 7 to the criminal law of PRC, this crime is divided into three provisions. Thereinto, no. 1 style and no.2 style prescribe two different crime type definitely. This text calls it "illegally provide type" and "illegally obtain type".No.3 style state the unit crime. The concrete ruling is as follows:“ the crime of selling, illegally providing personal information is the conduct that state functionary and the staff of units of finance, telecommunication, transportation, education, medical institution etc, in violation of provisions prescribed by the state, selling or illegally providing personal information which is obtained when executing duties or offer services to others when the circumstances are serious”. This crime is a new crime, not many previous case, the corresponding judicial interpretation is only partial, thus leading to the judicial organs in practice create many problems. The author will from the following several aspects to study this kind of crime, in order to help in resolving the issues related to the judicial organs, accurately identify this kind of crime, so as to more effectively safeguard the rights and interests of Chinese nationals in personal information.This paper consists of introduction, body, conclusion three parts altogether.In the first part is the introduction part, the author puts forward the infringement of citizens’ personal information crimes in the applicable law and judicial cognizance on the problem to be solved. At the same time, this paper expounds the reason, purpose and significance of this article writing.The body part of a total of three chapters, respectively is a brief sketch of the infringement of citizens’ personal information crime, constitutive requirements and identified.The first chapter is an overview of this crime, a total of four, respectively is the concept of citizens’ personal information, the meaning of the citizens’ personal information is protected by criminal law, domestic and inside and outside the current situation of criminal legislation on the protection of citizens’ personal information, this crime charges. Totally include four sections respectively are: the concept of personal information, the meaning of protecting personal information by criminal law, the legislative present condition and the contentious charge. The first section discussing the bifurcation problem of the concept of personal information, and proposing own standpoint. The section two and three mainly analyzes from two angels: meaning of protecting personal information by criminal law and present condition of legislation. In the section four, on account of “two charge theory” and the related judicatory explains, proposing adverse claim.In the chapter two, the paper discusses the constitutions of crime. Because the criminal object has few argument, so the paper does not expatiate. The paper discusses the criminal objects including the criminal interest. According to the discussing, we know that the crime of invasion of personal information’s criminal interest is citizen personality right and the system of country manage personal information. On the foundation of having a clear standpoint of the criminal interest, then the paper analyzes the object of crime, pointing out that the scope of the object of crime is smaller than it is in common concept of personal information in order to lay foundation for the next following study. After that, the paper begins to discuss the subject of the crime. This text considers the subject include both unit and natural person. In the "illegally provide type", the subject of the crime must have the legal qualification for obtaining personal information.However,we do not make strict demands on legal status when the main subject of the crime doing the illegal provision of crime.The last section focused on the object of this crime.The third chapter is the identification of this crime, firstly we did a comparing between this crime and other relative crimes in order to grasp the judiciary of the crime;secondly we advised to make the "human flesh search" into the scope of this crime which also need strict limitation.The conclusion of this paper discussed the results of the above and made a summary, it made some recommendations on this crime, however there still be many problems in the theory and practice are not solved in this paper,we deed further studying.