On The Crime Of Infringing On Citizens' Personal Information

With the advent of the Internet age,people’s lives and networks have become inseparable.People can shop online,register for medical treatment,pay for living expenses,and even pay a violation of the vehicle for a series of daily activities.However,when we conduct these daily activities online,we often need to fill in relevant personal information.As a result,our personal information is at risk of being leaked and illegally exploited by others.The disclosure of personal information has caused more or less impact on our lives.As a result,we often receive harassing calls for sales advertisements,and we will receive some calls for fraud and intimidation.Therefore,the issue of personal information disclosure needs to be regulated by law.According to the different legal departments,China’s legislation on the protection of citizens’ personal information is divided into criminal law protection and general protection.The criminal legislation of personal information protection is a gradual process.Its characteristics are mainly characterized by the gradual expansion of the subject of crime,the increasing scope of protection,the increasingly clear standards of conviction and sentencing,and the increasingly operability.Since the Criminal Law Amendment(IX)established the crime of infringing citizens’ personal information in 2015,the discussion of this crime by academic circles and judicial practice has not stopped.In May 2017,the Supreme People’s Court and the Supreme People’s Procuratorate issued the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Citizens’ Personal Information",explaining many of the problems of this crime,but there are still some problems,such as personal information.The scope of the problem,the unclear nature of rights,the scope of "citizens" and the specific standards of crimes of such crimes are for further discussion.These issues are the main content of this paper.Based on the theory of criminal constitution,the author analyzes this crime from the object and object of crime,objective aspect,subject and subjective aspect and judicial determination.First of all,the author sorts out the different views of the current academic circles on the subject of this crime,and comments on the existing viewpoints,and finally puts forward his own opinions.Secondly,the author analyzes the issue of citizen’s criminal information,including the concept and scope of personal information,the meaning of "citizen",whether the personal information of citizens includes public information,and the identification of the degree of association of citizens’ personal information.The personal information protection of the deceased,the protection of the criminal records of the sealed minors,and the calculation of the amount of personal information.For the specific criminal acts of this crime,the author mainly discusses the provisions of the Criminal Penalty and the Interpretation,including “violation of relevant state regulations”,“sell or offer,steal or illegal access” and “serious circumstances” and “plot” Especially serious" and so on.The content of this part is mainly based on the provisions of the Interpretation.The author believes that the inclusion of departmental regulations in the scope of “national regulations” violates the principle of “criminal punishment” to a certain extent;the interpretation is “serious in serious circumstances” and “the circumstances are particularly serious” The authors agree that these regulations clarify the basis of conviction and sentencing according to different standards,and have strong operability.In the last part of this article,the author discusses the hot issues in the judicial determination of this crime.Regarding the criminal form of this crime,the author believes that there is no attempted crime in this crime.In terms of subjective faults,from the perspective of interpretation,strictly in accordance with the "criminal punishment of crimes",negligence can not constitute this crime,but from the perspective of legislation,the author believes that negligence can constitute this crime.In response to the issue of joint crimes,the author mainly discusses the types of three types of accomplices.According to the degree of contact between the actors,they also differ in terms of conviction and sentencing.Finally,from the perspective of the relationship between this sin and his sin,the author expounds the author’s understanding of the legal co-opetition,imagination and coercion in this crime.