A Study On The Difficult Problems Of Violating Citizen's Personal Information Crime

In the age of the Internet,the crime rate of infringing citizens' personal information increases year by year."Criminal law amendment(9)the rules that the crime of infringement of citizens' personal information,instead of the original provisions of the sale or illegally provide citizens personal information crime and the crime of illegal for private citizens information two,on June 6,2017 projects of"interpretation "further solve the infringement of citizens' personal information crime in the judicial practice faces many problems.However,the diversity and complexity of real life make it necessary to study the crime of infringement of personal information in practice.This article mainly expounds from three aspects,the first part is the target of criminal offense of infringement of citizens' personal information,define the scope and definition of citizen's personal information in accurate,the author thinks that the first thing to clarify this crime to protect the legal interests.Citizens' personal information identification,is the core characteristic of the legislation and judicial practice has been combined with other information such as whereabouts trajectory can identify specific information of natural person identity as the citizens' personal information on the criminal law.In addition,this part also expounds the characteristics of personal information and the similarities and differences between them.The second part is the crime of violating the citizen's personal information.First "in violation of the relevant provisions of the state on the cognizance of",this paper argues that "in violation of relevant provisions of the state"includes "violation of state regulations",the content of the added "about" 2 words,although does not mean "violation of the relevant provisions of the" can be optionally expanded,but should be within the scope of the criminal law article 96 of this law to expand.They are not a cross relationship,but a relationship that is contained.Second on this crime behavior,this paper argues that in constitute behavior person whether to sell or provide citizens personal information behavior,from the identification of citizens' personal information and behavior person the purpose of these two points.In that "illegal for citizens' personal information by other means",this paper argues that should focus on grasping "other methods" and "illegally obtaining","illegally obtaining" judgment standards include citizens agree to and comply with the provisions of the law;"Other methods" should be comparable to "steal".Finally,this article states that the purchase behavior should be deemed as "illegal acquisition of citizen's personal information by other means" and Internet collection behavior should not be deemed as "illegal acquisition".The third part is the infringement of citizens' personal information crime judicial cognizance,elaborated the author understanding of the "explanation" relevant provision,emphatically expounds the "serious","if the circumstances are especially serious" standards,and the rule for calculating the number of citizens' personal information involved,in order to the crime of infringement of citizens' personal information justice for help.