| With the improvement of information technology and the rapid development of science and technology,citizen personal information has been more and more simply collected,processed and transmitted.This leads to an increasing number of citizen personal information being improperly collected or used maliciously.Because the current "information" represents the potential of the huge economic interests driven by a direct lead to some individuals or organizations regardless of professional ethics and their own confidentiality obligations,the citizens of their personal information to sell or provide to others to seek illegal interests,some The region has even formed a black industry chains,organizations and individuals who have access to these huge numbers of personal information,and then through such information,to launch such as kidnapping,fraud,extortion,etc.Crime,led to a series of serious social problems.In contrast to the rampant behavior of infringing on the personal information of citizens,the legal protection of personal information of citizens has started late,and there is no complete legal protection system.In our country,"Criminal Law Amendment(Seven)" will violate the personal information of citizenship written before the criminal law,the protection of personal information of citizens scattered in some laws andregulations.In addition to inadequate protection,the scope of protection is quite narrow,limited to specific areas or confined to specific protection objects.With the increasing value of information,the legislature of our country has begun to attach importance to the legislative protection of personal information.In addition to authorizing experts and scholars to set up research group,examine the legislative model of foreign personal information protection,study the feasibility of "Personal Information Protection Law".Two more serious violations of citizens' personal information-"Illegal Provision of Citizens' Personal Information" and "Illegal Access to Citizens' Personal Information" are written into criminal law.And in 2015,the revision of the Criminal Code,the two subjects of the subject of the scope of the conditions of imprisonment,statutory penalties,and so have some changes.The amendment,in addition to the two charges to be combined,the overall seems to increase the punishment of personal information crime,we can see our determination for the protection of personal information.On May 8,2017,the Supreme People's Court held a press conference joi ntly in Beijing to publish the " Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringing Citizens' Personal Infor mation"(hereinafter referred to as "Explanation").The "explanation" clar ifies some of the more controversial issues about the violation of citizens' personal information in practice.For example: clear the scope of personal information,conviction and sentencing standards and other issues.However,we should also realize that China's current personal information for the protection of criminal law there are still many deficiencies: First,the criminal law on the provisions of this crime is too general,the "Illegal Access to Personal Information" and "Illegal Provision of Personal Information" simple merger.Second,the definition of "personal information",the legislation is still not clearly defined,the blank set of the crime is still unreasonable;again on the basis of the "personal information" is not clear,There are still many places to be perfect in the form of crime,the mode of prosecution,and so on.Finally,the legal system for the protection of personal information is still not built.In view of the above problems to be solved urgently,this paper analyzes the relevant criminal legislation in foreign countries,extracts the personal information protection and utilization of our country,and puts forward the suggestions on the improvement of personal information criminal law in combination with the existing problems of criminal protection of personal information in China. |
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