Legislative Lack And Improvement Of Criminal Violation Of Citizens’ Personal Information

In the era of big data,people’s production and life can not be separated from the application of the Internet,the Internet has improved people’s living standards and promoted social progress,but it also brings the problem of information security.Personal information reflects the personal situation and a large number of personal information reflected in a certain industry and even social development has important commercial value and social value,in this context,the practice of violations of personal information of citizens emerge in endlessly,Internet communication with real-time,openness and sharing is to promote the diversification of related behavior,and formed a "black industry chain ",comprehensive regulation of the rampant violation of personal information of citizens,to maintain Internet security has been the trend of the times.On the one hand,in practice,the types of violations of citizens’ personal information are diversified and systematic,on the other hand,there is a single and one-sided regulation behavior in the crime of infringing citizens’ personal information.Based on the necessity and legitimacy of the criminal law to regulate the types of illegal processing,use and cross-border transmission,this paper puts forward that the illegal processing,use and cross-border transmission has serious legal interest infringement and is conducive to the unification of the legal order after the regulation is related.Combined with the pre-existing law,the illegal processing,use and cross-border transmission with serious legal interest infringement can not be effectively regulated,and the illegal processing,use and cross-border transmission can not be included in the crime of infringing citizens’ personal information and other crimes of criminal law by means of judicial interpretation,It is an inevitable choice to include illegal processing,use and cross-border transmission into the crime of infringing citizens’ personal information.Finally,the author proposes to add illegal processing,use,cross-border transmission to the crime of infringing citizens’ personal information,and to make clear the subject of illegal processing,use and cross-border transmission,the object of harm,the result of harm,the illegality of the act and the setting of punishment,and to complete the integration of the legal provisions with the actual needs.