Case Analysis Of Criminal Law Protection Of Citizens’ Personal Information

Citizens in the context of the information age are difficult to completely control their own information,and cannot even predict the flow and direction of their own information.There is no doubt that citizens have their information seized by others without knowing it.This serious phenomenon has led to the involvement of criminal law.The criminal law has set up a special criminal clause to regulate crimes that infringe citizens’ information,protect the legitimate rights of citizens,and improve the protection of human rights in China.However,the crime of infringement of citizens’ personal information still has problems such as the system of legal protection is not systematic and comprehensive,and the standards of “serious circumstances” in judicial practice are inconsistent.This paper takes two cases related to the crime of infringement of citizens’ personal information as the entry point.The main content of the article is divided into three parts.The first part introduces the facts and the focus of the dispute,elaborates the facts of the case and the results of the trial,and summarizes the controversial focus of the case.That is,whether fraudulent use of illegally obtained private information constitutes an implicated offender,whether the number of behaviors can be used as the criterion of "serious circumstances" for the crime of infringing on personal information of citizens,the act of entrusting another person to obtain citizenship information is an accomplice with the defendant’s crime of infringement of citizen’s personal information.The second part is the legal analysis of the focus of the case dispute.Focusing on the first controversial focus,first introduced the theoretical disputes implicated in China at this stage,it is stated that the fraudulent use of illegally acquired information is a separate act that does not constitute an implicated person and that it should be counted.Focusing on the second controversial focus,this article discusses that the conclusion that “the number of acts is a serious consideration of the circumstances of the crime” is consistent with both theoretical theory and judicial interpretation.Focusing on the third controversial focus,first of all,it discusses the method of identifying joint crimes,and then discusses from a theoretical point of view the abettors and helpers who commissioned others to illegally obtain citizenship information does not constitute the crime of infringement of citizens’ personal information.The third part is based on the analysis of the status quo of legislation and case facts,discusses the theoretical implications behind the case,and innovatively proposes that China’s “Civil Personal Information Protection Act” should be constructed as soon as possible.The introduction of a single and integrated combination of serious circumstances such as the crime of the specific recommendations.We hope to benefit our country’s related theories of crimes of infringement of citizens’ personal information.