Research On Judicial Determination Of Crimes Against Civil Personal Information

In recent years,with the rapid economic development and network and telecommunications technology has become more mature,the market open to the sale of personal information,illegal access to citizens of personal information is frequent,and some even use of personal information for criminal activities,its source Some people are very trusted state organs or public service providers such as telecommunications companies,financial institutions,there are individuals illegally through other illegal channels to obtain personal information of citizens.In view of this,the Standing Committee of the National People’s Congress on February 28,2009 adopted the "Criminal Law Amendment(7)",infringing personal information of the serious acts of criminal law into the scope of protection,the seventh additional sale,Citizens of personal information and the crime of illegal access to personal information on two counts of personal information.Article 29 of the Criminal Law Amendment Act(9)promulgated on August 29,2015 will be amended as one of the criminal law of Article 235 to be infringed on the personal information of citizens and be implemented on November 1,2015.Although this modification enlarges the subject of behavior,means of action and the object of action,this article raises the legal penalty,but many of them are still to be further clarified.The scope of "citizen’s personal information" has always been the focus of controversy in criminal law academiccircles,"the seriousness of the" standard is still no uniform provisions.As for the "violation of the relevant provisions of the state",but also more theoretical discussion of the problem.The existence of these theoretical problems will certainly apply to the judicial practice,"Criminal Law Amendment(9)," Article17 of this crime to bring some difficulties,the content of the crime and the nature of the article related to a clear concept It is particularly important.This article is divided into three parts: The first part,a clear analysis of the violations of personal information on the composition of the characteristics and concepts.At the same time,it introduces the legislative situation of the infringing citizen’s personal information crime in the United States,Britain,Germany,Japan and China.The second part introduces the subjective,behavioral object and behavioral pattern of the crime of infringing individual’s personal information,The third part is to discuss the criminal form of the crime of infringing the personal information of the citizen,mainly on whether there is the attempted offense and the crime number and so on to carry on the comprehensive analysis.The author makes a study on the problem of judicial cognizance in the criminal law regulation of the infringing citizen’s personal information in our country,and then puts forward the specific solution.