Research On The Difficult Problem Of Judicial Determination Of Personal Information Infringing Upon Citizens

With the development of the network and the acceleration of information transmission,the phenomenon of infringing citizen’s personal information frequently occurs,so that the personal rights and interests of citizens are infringed and the information security of society is endangered.Many countries and regions have introduced laws and regulations on the safety of personal information,including criminal law norms and non-criminal norms.China’s bill has already drawn up a draft of the Law on Citizens’ Personal Information,but has not been approved yet.Later in the "Criminal Law Amendment(9)",it was amended.But the relevant judicial found that there is still a pending problem to be resolved,the need to clear the relevant concepts.Therefore,thus the introduction of the personal information on the crime of citizens of the judicial interpretation of the crime for the judiciary to provide a clear legal basis to maintain the impartiality of justice.This article is intended to infring the citizens of personal information related to the introduction of judicial interpretation of the views.Combined with theoretical research and judicial practice,especially on the basis of judicial adjudication instruments,to analyze the violation of citizens’ personal information.Clarify the connotation and extension of citizens,personal information and so on,and make clear the violation of the personal information of citizens,including the provision and acquisition of criminal acts,analysis of violation of relevant state regulations,theft,illegal and so on.In the protection of social development necessary information exchange at the same time,the relevant illegal acts into the scope of criminal penalties.In order to clarify the standard of the crime of infringing upon the personal information of the citizen and the applicable standard of the statutory surrender punishment,the author analyzes the situation and the case analysis seriously,clarifies the boundary between crime and non-crime,and analyzes the factors that should be included in the seriousness of the plot.Comprehensive use of single-style standards and composite standards,to further refine and clear the seriousness of the plot.