| With steps of accelerating informationization,the rapid development of Internet,information network is popularization,the citizens are more frequently strengthen the bonds that unite him to his through the use of personal information to.Citizens’ personal information is more and more highlights its important value,followed by a violation of citizens’ personal information increasingly prominent illegal and criminal activities,illegal buying and selling on the Internet citizens personal information,the breeding of telecom fraud,such as Internet fraud crime play repeatedly,in urgent need of the protection of the law.The “Interpretation of Several Issues Concerning the Application of Law to criminal cases involving infringing citizens’ personal information” newly issued by the two hi-tech companies in 2017 has explained the problems existing in the judicial application process and the content that could easily lead to controversy,and convicted the crime’s criminal targets.Strict sentencing standards and objective behaviors have made specific provisions,and are consistent with criminal justice policies that strictly combat such crimes.They can provide guidelines for the specific application of the offense in judicial practice and are conducive to the determination of sentencing.However,the relevant contents of the document are still disputed,and some problems encountered in judicial practice are still not answered,and further explanation is needed in the academic field.For example,it is still a matter of discussion whether to include the whereabouts of the track,the status of the property,whether the scope of personal information is reasonable,and how to define and use the personal information of the batch citizen.Based on a comprehensive understanding of the legal development of personal information crimes,I express my own understanding and views on the newinterpretations of the “interpretation” and clarifies the current difficult problems in the judicial practice that involve infringing citizens’ personal information crimes.In conjunction with relevant legal theories,it is hoped that legal workers will be able to accurately identify and properly handle such cases in judicial practice.Except the introduction,this paper is segmented into four chapters:Chapter one: Focuses on the legal development process of crimes of infringing citizens’ personal information,and combining the relevant provisions of the latest judicial interpretation issued in 2017,points out the current difficulties in the handling of criminal cases involving violations of citizens’ personal information in judicial practice.Chapter two:Focus on "citizen personal information".Crime of Infringing on Personal Information of Citizens is to Punish Crimes against Personal Information of Citizens,and it is very important to clarify the boundary scope of "citizen’s personal information".The newly released interpretation of several issues concerning the application of the law on the infringement of personal information of citizens has further expanded the scope of "citizen personal information".In this section,this article first to the development of the connotation of "citizens’ personal information" legislation is limited to time from two aspects: horizontal and vertical made a comparative analysis,in order to clarify connotation of the "citizens’ personal information" enrich the development and changes.Secondly,the author makes a brief analysis and definition of the rights attribute of citizen’s personal information on the basis of different opinions of experts at home and abroad.Finally,how to determine and analyze the understanding of the proof structure in the practice of the new rules for "the determination of individual information" in the new regulations of "interpretation".Chapter three:This paper focuses on the objective behavior of the crime of infringing citizen’s personal information.The determination of behavior is the key to accurate conviction and sentencing.Selling,providing behavior and other illegal acquisition behavior is the objective behavior of this crime.First,discuss how to distinguish between "selling and providing".Secondly,it discusses the "illegal acquisition behavior" and sorts out the different views of "illegal" and puts forward their own views.Finally,the article probe into the purchase,acceptance,exchange behavior and collection behavior of the new addition.Chapter four:This paper focuses on how to make a reasonable distinctionbetween the crime of infringing citizen’s personal information and the related crime.Joint crime refers to the intentional crime committed by two or more persons.In this chapter,the author first expounds help behaviors and help intentionally,and makes a brief distinction between other related crime-related acts caused by infringing citizens’ personal information crimes according to the degree of intentional contact between the two parties.The information holder discloses the citizen’s personal information leading to the occurrence of related crime,whether the information holder should be responsible for the specific crime,and should also analyze from the perspective of the actor’s subjective cognition. |
