| In recent years,the number of cases of infringing personal information of citizens has increased explosively.The leakage of personal information has caused serious damage to the property and personal of citizens.The voice of protecting personal information of citizens is growing louder and louder.The protection of personal information of citizens in criminal law has also gone through the process from the amendment of criminal law to judicial interpretation.In theory,the argument that the protection of the legal interest of the crime of infringing upon the personal information of citizens is personal legal interest and super personal legal inter est determines the scope of the protection of the personal information of citizens in criminal law.In essence,the legal interest protected by the crime of infringing upon the personal information of citizens should be the right of self-determination of the personal information of citizens.Therefore,personal information refers to the identification of a natural person’s identity or the reflection of a natural person’s activities It is different from personal privacy,personal data and personal data.When identifying the personal information of citizens,we should start from two aspects:relevance and recognizability.According to the different ways of behavior of the crime of infringing personal information of citizens,it can be divided into two categories: providing type and stealing type,and under this classification,the differences between providing,selling,stealing and other ways of illegally obtaining personal information of citizens are discussed.For other behaviors,such as purchase,acceptance,exchange and other behaviors should be included in other methods,and the use behavior should be specified as the independent behavior mode of this crime in parallel with the above four behavior modes.The behavior of offering can be subjective out of intentional or negligent mentality,and selling,stealing and other methods of illegal acquisition must be subjective intentional.The circumstances of this crime,which are serious,need to be grasped from the perspective of the use of information,the type and quantity of information,the amount of illegal income and the number of crimes.The legal upgraded punishment for this crime,which is especially serious,needs to be understood from the social consequences,the number and amount of cases involved,so as to purchase and receive the personal information of citizens as a special crime for legal operation In order to meet the needs,we should grasp it from the purpose,behavior,personal information type and specific circumstances. |
