| In the information age,with the change of traditional way of thinking and life style,the behavior style of individuals has also changed greatly.The change of behavior indicates the restriction of traditional criminal law under the network age,especially the protection of information in the information age.With the help of emerging technology,the crime of infringing citizens’ personal information becomes more and more secretive.But under the current criminal law regulation,there are different degrees of absence of the crime object,behavior mode,legal punishment and how to identify the crime.This makes the existing criminal law norms need to be continuously improved to meet the social needs of criminal law functionalism,so how to combat crimes against personal information,Responding to social development needs has become an urgent problem.At present,the criminal law of our country stipulates two ways of selling,illegally providing citizens’ personal information and stealing and illegally obtaining citizens’ personal information.In view of the fact that our citizens’ personal information has been seriously violated,this kind of regulation is difficult to protect citizens’ personal information rights,and still needs to be further improved..In view of the potential conflicts and contradictions in the current criminal law norms,it is necessary to regulate the way of criminal behavior,make a special setting for the sale behavior,and distinguish the sale behavior from the general provision behavior.In addition,it is too single in charge setting,should set up a charge group to cover the illegal use,tampering,destruction of personal information.At the level of penalty,we should learn from foreign experience,set up a quota fine system,and add the penalty measures prohibited by practice.At the same time,make a clear scope of personal information,strictly limit the scope of punishment.There are both judicial problems and legislative problems in perfecting the standard of serious determination of circumstances.legislation should be amended in time to clearly distinguish the factors of conviction from the factors of sentencing.For the problems existing in judicial determination,it should be comprehensively evaluated,and should not be based solely on the amount of information.For the calculation of the total amount of information,the equivalent calculation method should be used to delete the information which has no protection value and the information of double calculation. |
