| The arrival of the information age has stimulated the great value potential of personal information,especially when the big data technology,which combines communication network,Internet of things and artificial intelligence technology,has pushed the status of personal information economic value to all kinds of profit-oriented "economic people ",which has caused a large number of criminal cases against personal information.However,China’s previous criminal legislation on the protection of personal information is relatively scarce.Since the Criminal Law Amendment(7)established the crime of selling,illegally providing personal information of citizens and the crime of illegally obtaining personal information of citizens,and revised the Criminal Law Amendment(9)to infringe the public Since the crime of personal information,citizens’ personal information has been better protected.After that,the Supreme People’s Court and the Supreme People’s Procuratorate issued a judicial interpretation and a guiding case entitled"Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on certain issues concerning the application of laws in criminal cases involving the violation of citizens’ personal information ",which also provided a more feasible operational standard for correctly handling the crime of infringing citizens’ personal information in judicial practice.However,there are still some difficult problems in theory and judicial practice,such as the identification standard of personal information,the identification of special groups and new special personal information,and the crime of "violating the relevant regulations of the state" The determination of the specific criminal acts in the legal provisions and the positioning and determination criteria of the "serious circumstances" of this crime are still not unified,and all views are supported by theory.This paper analyzes and studies the specific difficult problems through the following five parts.The first part first expounds the concept characteristics of the crime of infringing citizens’ personal information,and through the analysis of the criminal legislation of the United States,Britain,Germany and Japan to protect personal information,takes its essence and discards its dross,and finds out the legislative model and experience that can be used for reference in our country.In the second part,the author analyzes the theories of personal information and its core attributes,and obtains the identification criteria and core attributes,and then analyzes the special subjects and special personal information of citizens in the field of personal information theory.The third part analyzes the function and specific connotation of "violating the relevant regulations of the state" in the criminal law,comments on the views of all parties and expounds the views of this paper.The fourth part first analyzes the differences of identification in the crime of infringing citizens’ personal information,such as whether the sale and offer require profit,whether the theft requires secrecy,etc.The fifth part first comments on the position of "serious circumstances" and the different viewpoints in the standard of "serious circumstances" stipulated in the criminal law of the crime of infringing citizens’ personal information,and then discusses the types and quantity of information,the amount of illegal income,the third party intervention,the special identity and the determination of the circumstances of criminal punishment and administrative punishment and the specific criteria. |
