The Regulation Of Criminal Law On Infringing Citizens’ Personal Information

Personal information is a kind of "private property" that has been widely concerned in recent years and is of great importance to individuals.However,at present,the crime of infringing personal information continue to increase and it is difficult to get punishment.The coverage of the regulation of criminal law is insufficient.There are various ways to infringe personal information in the Internet age,but the criminal law is currently limited to the traditional methods such as illegal acquisition and theft,and the illegal use and other ways of using information network cannot be covered.The subject of information crime involves a wide range of aspects,its behavior is changeable,and it is easy to be concurrent with other crimes.The reasons for this situation include the large gap between crime cost and benefit and the weak awareness of citizen information protection.At present,the provisions of the criminal law on the personal information protection have a strong one-sidedness,in subjective form,there are obvious deficiencies in penalty measures.And from the perspective of Criminal Procedure Law,to a certain extent,simply taking public relief is not conducive to information protection.There is no special administrative regulation on personal information in China,which cannot be effectively connected with the criminal law,and the protection of personal information is in a fragmented state.Since the crime of information infringement cannot be effectively regulated,the accompanying downstream crimes are frequent,which has become a difficult problem in governance.In view of the above problems,we should start from the existing crimes to repair and improve them,first to expand the coverage of behavior,then increase the subjective mentality of negligence,and at the same time to improve the measures and strength of punishment so as to effectively prevent crimes.However,the defects of single charge should also be considered,and separate charges should be established for the illegal use of information,changing the distribution of existing charges.Finally,the legal system is constructed,the external information legislation process is accelerated,the internal personal information crime is combined with common downstream crimes,and the existing punishment methods are changed.The formation of a complete legal system is crucial to the protection of personal information in criminal law,and it is also an urgent point need for improvement.Finally,through a combination of multiple ways to jointly protect personal information.