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On The Legislative Improvement Of The Criminal Law Protection Of Citizen Personal Information

Posted on:2021-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:W T LiuFull Text:PDF
GTID:2416330602473526Subject:Law
Abstract/Summary:PDF Full Text Request
In the information age,the personal information of citizens has shown great economic value,causing a large number of crimes related to personal information of citizens.Citizens pay more and more attention to their own information,and accordingly,stricter requirements are imposed on the criminal law protection of citizens' personal information.The protection of citizens' personal information started late in China's criminal law,and there are many problems in the legislation.As a result,various problems will occur in the handling of such cases in judicial practice,and the purpose of curbing crime can't be achieved.The purpose of this article is to point out many problems in the current criminal law protection of citizens' personal information,draw on domestic and foreign research results,and put forward legislative suggestions on criminal law protection of citizens' personal information,so as to achieve comprehensive protection of citizens' personal information.The article first introduces the concept of citizen's personal information,combining with existing theoretical research,distinguishing citizen's personal information from personal data,personal privacy and putting forward his own views,and defining the legal attributes of citizen's personal information.Then it conducts a legislative inspection on the criminal law protection of personal information of citizens at home and abroad.Domestically,it mainly starts from two perspectives of criminal legislation and judicial interpretation;foreign countries analyze the current status and legislative models of the representative personal information criminal law protection in the United States,Japan and Germany,and point out the experiences worth learning from.Next,we point out many deficiencies in the existing criminal law protection system for citizens' personal information.There are mainly related issues such as the narrower behavior of criminal regulations,the failure to include personal information of stateless persons and foreigners,and the lack of preemptive laws in criminal law.Finally,in order to solve the above problems,the author puts forward some personal suggestions.Such as accelerating the promulgation of a special "Personal Information Protection Law",adding qualification penalties to improve fines,and rationally designing the criminal protection of personal information criminal laws,these measures can help solve the current problems.Although the criminal law protection of citizens' personal information in China started late,there are many shortcomings,through continuous legislative improvement,I believe that comprehensive protectionof citizens' personal information can be achieved.
Keywords/Search Tags:personal information of citizens, criminal law protection, Inadequate legislation, legislative proposals
PDF Full Text Request
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