On The Criminal Law Protection Of Personal Information

The rapid development of information technology has driven the concept of personal information to become familiar and important to people.Today,information,together with matter and energy,constitute the basic elements of human survival and development,and play a pivotal role in the process of social progress.However,based on some unjustified interests claims,in the process of human use of personal information to create social value,there have been some acts of infringement of personal information,and some of the violations have extremely serious social harm,and must be dealt with by criminal law.The point.Because of the legislative practice,China's criminal law protection of personal information is not long.Although there are some laws and regulations concerning the protection of personal information in certain fields,there are still some problems in the current legal system that punish the use of the law.There are still difficulties in the crime of personal information.Therefore,the author intends to conduct related research.In the first part of the article,the author takes the basic theory of personal information as the focus,and compares and analyzes the different theories about the concept of personal information and legal attributes advocated by the current theoretical circles,and finds out the definition and legal attributes of personal information that are suitable for China's criminal legislation.The rational legal basis.Through the horizontal comparison of personal information and personal privacy,we explored the reasons why our country needs to protect personal information and personal privacy.The second part is mainly aimed at the current situation of China's legislation on the protection of personal information criminal law.It has demonstrated the existing relevant provisions from two aspects of the criminal code and relevant judicial interpretations,and pointed out the limitations of the current legal provisions,which are specifically reflected in the criminal law.The incompleteness of home-made laws and the ambiguity in criminal legislation.The third part summarizes the criminal legislation on the protection of personal information outside the domain and summarizes the theoretical basis and legal ideas for protecting personal information.At the same time,in the demonstration of the protection of personal information in the field of civil and administrative law in our country,it is necessary to seek protection of personal information from criminal legislation.The fourth part is the prospect of criminal law protection of personal information.In response to thelimitations of the current legislation found in the second part of the argument,the author puts forward suggestions for improving the criminal information protection system for personal information and the specific content of the crime of infringing on citizens' personal information,in the hope of improving the criminal law protection of personal information.