Research On The Problems Of Infringing Citizens’ Personal Information Crime

With the advent of information society,citizens enjoy the convenient services brought by personal information,but also have the fear of information leakage.Once the information is leaked,it will be followed by network fraud,extortion and other related crimes,seriously endangering the personal safety of citizens and the long-term stability of society.At present,the protection of personal information in criminal law is increasing,and the relevant legal documents is improving,so as to solve the problems encountered in judicial practice to some extent.However,there are still many problems in judicial practice,such as the scope of personal information is vague,the nature of rights is not clear,there is deviation in the identification of behavior and the identification standard of "serious circumstances" is not unified.Based on the interpretation,this paper analyzes the above problems.First,the definition of "citizen’s personal information" should be made clear.There are different opinions about the meaning of "citizen’s personal information",including the theory of identification,the theory of association and the theory of privacy,which is more reasonable than other theories.The legal interest protected by the crime of infringing upon citizens’ personal information is personal legal interest rather than super personal legal interest.However,there are the theories of personality right,property right,privacy right and personal information right.The legal interest contained in the personal information of citizens should be the personal information right which takes into account the attributes of personality right and property.Secondly,foreigners and stateless persons should be included in the scope of protection of criminal law.The deceased is not the subject of rights of this crime.The personal information of public figures should be analyzed in combination with the specific circumstances of the case.Secondly,the objective behavior of this crime is analyzed in depth.Although the word "relevant" is added to the "violation of relevant state regulations" as the prerequisite of this crime,its essence should still be "violation of state regulations".The judicial interpretation considers the departmental regulations as the relevant state regulations lack of rationality.Thirdly,the behavior of the crime of infringing personal information of citizens can be summarized as two types: illegal disclosure and illegal access.The distinction between the sale and the provision of illegal disclosure depends on whether it is paid or not.Other methods of illegal acquisition include purchase,exchange and acceptance.At last,it studies the standard of "serious circumstances",which is listed in the interpretation,but there are some problems in the standard,such as unclear information type,unreasonable amount standard and confusion of conviction and sentencing,which need to be clear about information type,perfect amount standard and distinguish between conviction and sentencing.