On The Recognition Of The Crime Of Infringing On Citizens’ Personal Information

With the development of modern economy,people pay more attention to the protection of personal information.so the crime of infringing on citizens’ personal information has received more attention.However,static legal regulations always appear to be limited.For example,the object of this crime has extended from the real life to the network world,and the behavior is complicated.Therefore,we must constantly clarify and improve the application of this crime,so as to make the crime and punishment adapt to each other.This paper tries to discuss the crime of infringing citizens’ personal information through five parts:The first chapter is an overview of this crime.The author introduces the status quo of legislation on this crime at home and abroad.Then,in 2017,the supreme people’s court,the supreme people’s procuratorate issued explanation about this crime,because our country protection of personal information is still in its infancy,in the face of increasingly serious infringement of citizens’ personal information,this crime for including "citizens’ personal information" standards and scope of fuzzy,the limitations of the complexity of the behavior,subjective aspect and crime form.The second chapter is the identification of the criminal object.Citizens’ personal information has unique characteristics of identification,objectivity and relevance,and analyzes three kinds of special personal information: network personal information,public personal information and information of public figures.The third chapter deals with the types of behaviors,from “selling”,“providing”,“stealing” and “other methods illegally”,and analyze the new behaviors such as "human flesh search".The fourth chapter is the subjective determination.This crime is subjectively.Through analysis,the author believes that the subjective aspect of the crime should include direct intentional and indirect intentions,as well as gross negligence.The fifth chapter is the identification of the criminal form.The author analyzes the ten situations specified in Article 5 of the judicial interpretation one by one.In addition,it can be seen from many cases that the general criminal suspects infringe on the personal information of citizens is essentially preparing for the execution of other crimes such as fraud,clarifying the relationship between crimes,which is important for judicial practice.