Study On The Judicial Application Of The Crime Of Violating Citizens' Personal Information In The View Of The Modesty Of Criminal Law

The rapid development of Internet communication technology and computer technology,in the convenience of our life,but also bring saints of social problems,that is,the leakage of citizens' personal information,which needs to improve the laws of various departments to regulate.In the case of the infringement of citizens' personal information,while other laws and regulations protecting citizens' personal information are not perfect and more dispersed,the Criminal Law has enacted legislation in advance under the voice of the public,providing for the "crime of violating citizens' personal information" to combat such acts.And with the introduction of the "Explanation of the Supreme People's Court and the Supreme People's Procuratorate on certain questions of the Law Applying to Criminal Cases of Violation of Citizens' Personal Information"(hereinafter referred to as "Judicial Interpretation"),the crime has been interpreted in a more detailed manner,the application of the judiciary has been unified,and the realistic need for severe punishment of the crime has been met,and the people's information and personal and property security have been protected to a certain extent.It should be noted that,based on the limited nature of the application of criminal law,the spirit of human rights protection must follow the modesty of criminal law,only under the guidance of the modesty of criminal law to explain the relevant legal provisions,can effectively play the interpretation function of the judiciary,so that the crime can be correctly applied.Therefore,the judicial interpretation should be guided by the modesty of criminal law,follow the supplementary nature of criminal law,the fragmentary nature of criminal law,the tolerant thought of criminal law to ensure the correct application of this crime.However,the judicial organs did not follow the principle of modesty in criminal law in interpreting the crime,which led to the expansion of the scope of punishment and excessive punishment of the crime.For example,this crime has the tendency to interpret the law benefit as the super-personal law benefit,but based on the supplementary nature of criminal law,the legal benefit in criminal law must supplement the civil law and should be the personal law benefit.It also makes an expansionary interpretation of the "relevant provisions of the State" and incorporates departmental regulations,which is inconsistent with the provisions of the general rules,violates the fragmentary nature of criminal law,expands the scope of the pre-law and causes the scope of punishment to be expanded.There are "serious circumstances","particularly serious" information number of the conviction and sentencing standard is low,in interpretation deviated from the protection of the right to personal information itself,pay attention to the protection of the use of personal information and harm indirect legal benefits,may not have serious social harm behavior to punish or social harm less harmful behavior to increase the punishment,there is a violation of the tolerance of criminal law.There is also the penalty of this crime can not be coordinated with the fine of administrative punishment,and even the criminal law does not need to be punished into the behavior,expanding the scope of punishment.Based on the above phenomena,it is suggested to establish the protection law of "the right to personal information" and limit the scope of the "relevant provisions of the state",to return to the protection of citizens' personal information rights themselves,to raise the standard of the number of information for conviction and sentencing,and to introduce the Personal Information Protection Law as soon as possible to promote coordination among the laws of various departments.Only in this way can this ensure the correct application of this sin.