Research On The Crime Of Violating Personal Information Of Citizens

Information is the link between people and society.As technology advances,the personal information of citizens becomes more valuable.Since the personal information of citizens carries huge social legal benefits,its illegal sale and use by criminals will seriously damage the freedom of circulation and information security of the information subject,and cause the loss of personal and property of the information subject.Therefore,it is necessary to conduct research on violations of individual citizens.In addition to the introduction,this article introduces the research background and significance of the article,the evolution of legislation at home and abroad,the research ideas and methods,and the conclusion of the article.It consists of three chapters.Chapter One——Overview of the crime of violating personal information of citizens.First,the article starts from the crime of Article 253 of the Criminal Law and understands the basic concept of the crime of violating personal information of citizens.Then,the article takes 202 effective criminal documents collected on the Internet from the beginning of 2012 to December 30,2019 from Sichuan Province as the research sample,and concludes that this crime has the characteristics of gradually increasing cases,large regional gap,obvious trend of punishment mitigation,and diversified criminal behaviors.Chapter Two——Constitutive Elements of the Crime of Violating Personal Information of Citizens.This article starts from the theory of the traditional four elements of our country,and analyzes the contents of the object,objective aspect,subject,and subjective aspect of the crime.On the subject of crime,there are theories of privacy,personality,and complex personal information security and freedom of circulation.This article considers that the theory of privacy and personality is not sufficient to protect citizens' personal information.As a benchmark.On the objective aspect of crime,this article analyzes the identification of the crime as a method,the definition and quantity of personal information of citizens,and the unilateral consequences of harm.First of all,in terms of the identification of criminal behaviors,it is considered that the "sale" behavior is not based on consideration;the "provision" behavior refers to both the behavior of providing personal information for free and the exchange of non-property benefits.The behavior of providing personal information for a fee;"stealing" refers to the behavior of obtaining the personal information or information carrier of others in a peaceful manner against the wishes of the victim;"illegal" in "illegal acquisition by other means" should be understood as a violation of no legal basis Or qualified and factual crimes;preliminary analysis of the "illegal use" of citizens 'personal information was explicitly included in the concept of criminal regulations;web crawlers' behavior in violation of industry rules can be considered as "illegal access to personal information of citizens by other methods".Secondly,in terms of the definition and quantity of citizen personal information,the characteristics and categories of the concept of citizen personal information are analyzed,and the vehicle legal person information in the citizen personal information is identified.Regarding the identification of the number of citizens' personal information,it proposed direct identification standards,proportional identification standards,and batch identification standards.Finally,at the level of endangering results,this crime is considered to have the characteristics of "situation offender".On the subject of crime,the "Amendment to the Criminal Law(9)" expanded from a special subject to a general subject,turning the original status offender into an unreal status offender.In terms of subjective crimes,this article considers that the intentional types of crimes include both direct and indirect intentions.According to the existing law,the negligent act does not constitute the crime of infringing the personal information of citizens.Chapter Three——Judicial Determination of the Crime of Violating Personal Information of Citizens.This paper studies the judicial cognizance of crime form,joint crime and crime number form in the crime of infringing personal information of citizens,in order to provide reference for judicial practice.The crime forms include completed crime forms and unfinished crime forms.The crime completed form categories of this crime can be divided into plot offenders and behavioral offenders: in the unfinished crime form,plot offenders also have attempted crimes.At the level of co-crime,this crime can be divided into conspiracy accomplices,one-sided accomplices and "unaccompanied" accomplices according to the difference in meaning.Regarding the determination of the number of crimes,there are cases of imaginary conspiracy and implicated crimes,as well as several crimes.