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Criminal Law Protection Of Personal Information Security

Posted on:2017-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:S H LiuFull Text:PDF
GTID:2336330503987690Subject:legal
Abstract/Summary:PDF Full Text Request
As a kind of personal information and personal resources, is closely related to personal,property and present a variety of body through various channels to collect it, selling,illegal access to personal information provided to other persons, has become even more common, is increasingly serious. But the lack of personal information security protection system, makes the difficulty of the personal information protection. Law should be established for citizens' personal information security level of legal protection, including personal information safety protection of criminal law, is the personal information security law to protect the last barrier. Personal information rights, both the person and property rights attribute, personal control of their personal information, such as the income, punishment, know, rights and shall have the right to seek relief when their rights are violated. The modern criminal law gradually from the heavy penalty function to attention to the education function, it also provides personal information kind of criminal punishment. In today's China's existing criminal law amendment(7) and(9) of the criminal law amendment is in respect of the provision of the personal information protection, but not comprehensive, the criminal law amendment(7) the personal information security class crime has many imperfect aspects: first, the need to expand the main body, will be the main body of crime by the original list instead of a few general subject, and gives special subject aggravating punishment; Second, expand the crime object, all may be violation of personal information such as personal information crime the crime object; Third, increase the criminal behavior, on the basis of the original behavior, increase "the illegal use of" and "illegal disclosure" behavior; Finally, a relevant judicial interpretation on the circumstances of the crime of "serious" this concept to define. Criminal law amendment(9) of the criminal law amendment(7) to offer certain drawbacks in the former two perfect, but still did not give the perfection of all aspects of personal information security.
Keywords/Search Tags:information security, Criminal law protection, Criminal law amendment(7), Criminal law amendment(9)
PDF Full Text Request
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