Research On Countermeasures Of Investigating And Infringing Citizens' Personal Information

The legal regulation of criminals infringing citizens' personal information in the sense of criminal law is gradually perfecting,and there are few studies on it from the perspective of criminal investigation.Therefore,this paper intends to clarify the basic concepts from the current situation of crimes against citizens' personal information,and proposes countermeasures and prevention and control.Strive to improve the crackdown and prevention of this crime,effectively prevent the expansion and extension of the crime downstream.Under the guidance of the above ideas,the main content of this article is divided into four parts:The first part is an overview of crimes against citizens' personal information.It mainly includes the legislative process of infringing citizens' personal information crimes and the clarification of relevant basic concepts.Infringement of Citizens ' Personal Information Crimes Since the Criminal Law Amendment(VII)was sentenced to “illegal provision” and“illegal acquisition”,the Criminal Law Amendment(IX)has merged the two crimes into one crime.In May 2017,the two high-level joint publications issued relevant explanations,and the theoretical and academic circles debated some basic issues.This article is based on one of the 235 th article of the Criminal Law and the interpretation provisions,combined with the scholar's theoretical controversy,the concept and scope of "citizen's personal information",the behavior of this crime,the "severe circumstances" of one of the elements of crime,Whether the subjective aspect of crime contains basic issues such as "fault" and basic definition.The second part is the characteristics,realistic dilemmas and causes of crimes against citizens' personal information.Most of the criminals who infringe citizens' personal information crimes are internal personnel who have a large amount of personal information of citizens,and they use common crimes as the main form of expression for different criminal motives.The criminal means are highly concealed,highly technical,and constantly refurbished,resulting in the investigation activities of investigators being lagging behind.Criminal victims are extensive and unconscious,and the personal information of criminal victims is accurate.The consequences of crime are extensive and chained,showing a trend ofseriousness and extension.Infringement of citizens' personal information crime cases has many problems such as large disputes over the jurisdiction of the case,difficulty in investigation and evidence collection,limited investigation thinking and difficulty in investigation and cooperation.There are reasons for the violation of citizens' personal information crimes.The huge demand for commodity social market,the cost of criminal behavior and the cost of moral condemnation are too low,the registration of citizens' personal information is too wide,the lack of supervision by government departments and the lack of self-discipline in the industry.Bits are one of the causes.The third part is the main body of this article and the problem solving part.From the sources of investigation clues,investigation methods,investigation thinking,investigation infrastructure construction,investigation team reinforcement and electronic evidence collection,which infringe citizens' personal information crimes.According to the different ways of obtaining the investigation clues,from the aspects of investigative investigation clues,interrogation investigation clues,report detection clues,opportunistic investigation clues,and analytical investigation clues,from the related upstream and downstream crimes and crimes,master a large number of citizens.Units of personal information,industries,fund accounts for transactions,reporting and reporting by units and individuals,etc.,broaden the investigation channels.Based on the traditional investigative thinking,we will innovate the thinking concept of “data-guided investigation”.It then elaborated on strengthening the investigation infrastructure,strengthening the investigation and coordination,and improving the level of the investigation team.Finally,the legality and feasibility of the application of electronic evidence are clarified.The fourth part mainly focuses on the prevention and control of crimes against citizens' personal information crimes.The first is to improve the protection of citizens' personal information in criminal law and introduce special legislation to protect personal information.Second,enhance the self-prevention awareness of citizens' personal information.The third is to create a good environment for the protection of citizens' personal information.The fourth is to build a mutual assistance and cooperation mechanism to jointly resist the black industry.