Research On The Crime Of "Illegal Acquisition" Infringing Citizen Personal Information

The arrival of the era of big data represents humanity’s entry into the information society,coupled with the rapid development of technology,the current speed of information dissemination and the degree of value are unprecedented in the past.Information has become an important resource for people to protect and protect citizens’ individuals Information is also a part of China’s rule of law society.For the first time,China’s Criminal Law regards citizens ’personal information as the object of protection in the crime of infringing citizens personal information in one of Article 253.Each complete crime is obtained through gradual development.The crime of infringement of citizens ’personal information generally has a certain prototype after three stages.However,the crime of infringement of citizens’ personal information has developed to the present and it cannot guarantee the circulation and security of citizens’personal information.With the diversification of criminal methods,the incidence of cases is also rapidly increasing.How to effectively curb the occurrence of crimes that violate citizens personal information has become the next important work of the Criminal Law.In short,China is on the way to combat crimes that violate citizens’ personal information.It is necessary to speed up the pace,not only rely on the sanctions of the criminal law but also need more legal assistance from other departments in order to comply with the development and trend of the times and protect people’s legitimate rights and interests.The article focuses on the illegally obtained crime of infringing citizens personal information.It first introduces the introduction of this article.The introduction mainly paves the way for subsequent writing,focusing on the review of the literature on citizens’ personal information,including not only relevant domestic laws and theoretical theories but also Including the relevant legislative provisions abroad;Secondly,it is interpreted from the perspectives of legislation and theory of personal information of citizens.While affirming the legislative provisions of our country,it also pointed out that it has defects in the scope of citizens’personal information,and it is clear that the scope of citizens’personal information is the key to solving this crime.Next is how to understand the term "illegal".First,the academia interprets the illegality,and then divides the illegality into illegal behavior and illegal purpose.Illegal purposes include "violation of relevant national regulations" and"subjective intentional aspects";illegal behavior is illegal acquisition will be discussed at end of the article.Finally,the actor’s "acquisition" behavior is analyzed."Illegal acquisition"behavior is divided into two categories,one is "stealing" behavior;the other is generalized"illegal acquisition by other methods" behavior.The article analyzes the acts of stealing,receiving,buying,exchanging,performing duties,and providing services that are clearly stipulated by law.It also analyzes and determines the two behaviors of possession and human search.People can only protect themselves if they understand criminal behavior.