Research On The Crime Of Infringing Citizens' Personal Information

At present,the Internet has become an important tool for people to engage in production,life and work.It also provides convenience for people to carry out various activities.The rapid development of network technology has closely linked the connection between diverse social entities.The technological development from network basic computing to big data intelligent computing has increased the possibility of exposing a large number of citizens' personal information to the network virtual space.The network service provider is an important subject of providing network services and products to citizens.They also play a significant role in protecting citizens' personal information from illegal infringement.The provisions of the Criminal Law Amendment(VII)and the Criminal Law Amendment(IX)on the crime of infringing citizens' personal information provide a legal basis for the in-depth study of this crime.As all kinds of illegal and criminal activities that infringe upon the personal information of citizens become more and more serious,it not only poses a security threat to people's normal life,but also further reduces the trust between different social subjects and brings serious harm to the society.The paper takes the network service provider as the main subject.In addition to the introduction and conclusion,the paper consists of four main parts.The first part comprehensively interprets the criminal law protection of citizens' personal information.Firstly,the introduction of “identifiability” is an important criterion for judging “citizen personal information”,and the citizen's personal information is classified into multiple dimensions.Then it elaborates the necessity of criminal law protection of citizens' personal information and the status quo of legislation.Based on the social status quo of frequent violation of personal information,it is necessary to use criminal law to regulate criminal behavior.Finally,it expounds the attribution model of the crime of infringing citizens' personal information commit by the Internet service provider and lays a foundation for defining the nature of its behavior.The second part takes the network service provider as the main point of view,combines the relevant provisions of criminal law and judicial interpretation,introduces in detail the common types of behaviors of crimes against citizens' personal information,and “sells”,“provides”,“steals”,“illegally obtains” and “purchases”.The legal natureof the act is identified.At the same time,according to the latest characteristics of the network service provider's implementation of criminal activities,the legal nature of the Internet platform's unique “getting communication and SMS records,mobile phone positioning”,“big data killing” and “human flesh search” behaviors are analyzed.The nature of the law needs to consider the comprehensive factors such as the harmfulness of the behavior and the seriousness of the consequences of the behavior.The third part points out that China's prevention and control of this crime is facing many difficulties,especially the practical dilemma and legal dilemma.The trend of high-tech cybercrime is obvious,which brings technical problems to the investigation organs to detect criminal cases.The imperfection of the Internet platform and industry self-regulation has resulted in some Internet companies having chances not to deal with citizens' personal information.The imperfect laws of the pre-existing laws of citizens' personal information make it impossible for the laws and regulations of citizens' personal information protection to be organically connected and closely coordinated.The criminal disposition measures are imperfect as well the criminal costs of the infringement of citizens' personal information by criminals are low,and the punishment effect cannot be effectively exerted.The fourth part combines the previous experience of protecting the personal information of citizens in China and proposes the path of preventing and controlling the crime of infringing citizens' personal information.Based on the analysis of the legislative modes of protecting citizens' personal information in the United States,Japan and other countries,also on the basis of China's basic national conditions and social development status,this paper puts forward that we should further improve the pre-existing laws of protecting citizens' personal information,formulate a unified Personal Information Protection Law,clarify the specific connotation of “citizens” in this crime,add qualifications penalty,and expand the scope of application of prohibition orders.In order to promote the establishment of a scientific,systematic and professional protection system for personal information of citizens,we should incorporate “illegal use” into the scope of criminal law regulation and improve the legal system for the protection of personal information.