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Criminal Law Protection Of Citizens’ Personal Information In Internet Finance

Posted on:2019-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HanFull Text:PDF
GTID:2346330545496014Subject:legal
Abstract/Summary:PDF Full Text Request
With the help of Internet technology,internet finance has completely broken through the limitation of time and space and traditional financial system,which provides unprecedented opportunities for financial innovation.On the one hand,the emergence of Internet finance has changed the unnecessary transaction costs generated by information asymmetry,and improved the allocation efficiency of resources.On the other hand,there are still some problems in the development of Internet finance.For example,violations of citizens’ personal information can be found everywhere.In essence,the Internet financial enterprises should still be included in the category of financial enterprises,which have the same function as financial enterprises.In the process of service,they need to collect personal information of citizens to guard against risks.For various reasons,the personal information collected by Internet financial enterprises has higher commercial value than other types of citizen personal information,and there has been an increasingly serious phenomenon of illegally infringing citizens’ personal information materials in the field of internet finance.Due to the disclosure of insiders or other people illegally steal personal information collected by Internet financial enterprises,this not only infringes on the legitimate rights and interests of citizens,also seriously puzzles the healthy development of Internet finance.In the face of the reality and urgency of the infringement of personal information in Internet finance,the criminal law should play a protective role.Firstly,on the basis of defining the concept of Internet Finance and personal information,this paper analyzes the challenges faced by the criminal protection of citizens’ personal information in the Internet financial field from the aspects of widespread hazards,low cost,and serious consequences.Secondly,it is necessary to argue that the criminal law needs to protect the personal information of citizens in the Internet finance field.And to study and analyze the existing series of charges related to the protection of the personal information of citizens in the field of Internet finance,such as the crime of infringement of personal information of citizens,the refusal to perform the crime of information network security management,and the help of the information network crime and so on.Thirdly,it is pointed out that the lack of protection of the criminal law of citizens’ personal information in the existing Internet finance field,which is mainly manifested by the defects of citizen,the omission of illegal utilization behavior,and lack of connection between administrative law and criminal law,criminal law and civil law.Finally,this paper discusses the legislation and judicial application of the infringement of personal information crime in the Internet financial field,and provides concrete suggestions for the further improvement of the criminal law protection of personal information in the field of Internet finance.
Keywords/Search Tags:internet finance, personal information, normative analysis of charges, personal information protection law
PDF Full Text Request
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