Research On Crime Of Infringing Upon Citizens’ Personal Information

With the rapid development of modern information technology,more and more personal information security is threatened and infringed.In order to combat acts of infringement of citizens’ personal information increasingly rampant,the 2009 introduction of the "criminal law amendment(seven)" the sale of illegally providing illegal access to personal information of citizens act a crime,the criminal law has laid a foundation for the protection of citizens’ personal information.The new "criminal law amendment(nine)" has further amended the provisions of the crime,expanded the scope of the subject of crime,and increased the circumstances of the case is particularly serious,the level of legal punishment.In this paper,from the perspective of criminal law theory and judicial practice,this paper studies the crime of infringement of personal information of citizens,the full text is divided into three parts:The first part is the introduction,focusing on the reality of the crime of infringing upon the personal information of citizens.The second part is the main content of the thesis,which consists of the following four chapters.The first chapter is an overview of the crime of infringement of citizens’ personal information,"personal information" is defined from the angle of criminal law,evaluates and analyzes the definition of the current judicial practice,and expounds the establishment of objective and comparison with foreign criminal legislation,the second chapter mainly serve to deepen the understanding of the constitution of crime.Study on the constitution of the second chapter of the infringement of citizens’ personal information crime,the crime from the four elements of a traditional theory about the object,objective aspects,subject and subjective aspects,but also increased the object of crime is elaborated,focusing on selling behavior,behavior,stolen or otherwise illegally obtained behavior is discussed also,the new judicial interpretation from the point of view of changes to modify the content,comprehensively discusses the constitution of the crime.The third chapter is the infringement of citizens’ personal information crime,the main distinction between this crime and other crimes in the pen,and analyzes several crimes easily confused,such as the crime of violation of freedom of communication,stealing,buying and illegally providing credit card information and other crimes.The third part is the conclusion,a brief summary of the above discussion,the crime and further research space,and the criminal law as a measure after the inevitable lag,based on the principle of legality we need for the perfect contribute more wisdom.The charge is one of the hot attention in today’s society,a huge commercial information society development dividend will inevitably need to have legal system and matching,hope the study can benefit the overall protection to the right of personal information.