The Application Of The Crime Of Infringing On Citizens’ Personal Information Under The Perspective Of "Civil Code"

In general,the protection of personal information of citizens in China has not experienced a systematic process from civil law to criminal law.Rather,it has experienced a development process of "Criminal law before civil law".Since the amendment to "Criminal Law(Nine)" officially stipulates the crime of infringing on citizens’ personal information,a large number of difficult problems arising from.The application and understanding of the crime have been widely discussed.These difficult problems has fully defined in the civil code.The relevant provisions of the protection of personal information of citizens and other pre laws,such as "the Personal Information Protection Law(Draft)",which are also under the increasingly perfect background,will greatly affect this crime,and play a directional role in guiding the existing application difficulties.In this paper,the author searches,samples and analyzes the typical cases of the crime of infringing on citizens’ personal information.It summarizes three difficult problems in the crime of infringing the personal information of citizens.Combined with the specific provisions of "the Civil Code" on the protection of personal information,the author makes further research and analysis,and summarizes the impact that will exist.The first part focuses on the long-standing divergence of legal interests in the protection of the crime of infringing on citizens’ personal information,and discusses the influence of the provisions of the "Civil Code" on the legal interests of personal information rights.First of all,the representative cases in practice are selected to conclude that the difficulty in judicial practice caused by differences in understanding of legal interests is the unclear boundary of conviction.The divergence in the legal interest debate mainly focuses on whether it is personal or super-individual legal interest.Just like the situation in judicial cases,the current practice is found to be guilty,and the conclusion of the guilty determination is largely based on the legal benefit of the crime protection is super-personal legal benefit.However,if the legal interest of protection is considered from the perspective of personal legal interest,it is most likely that it cannot be convicted.Then,it analyzes that the inadequate provisions of the preceding law are the main source of legal interest disputes.The provisions on the protection of personal information in the Civil Code have been promulgated,although it has caused a dispute over whether personal information is a right or an interest.However,after full analysis,it can be seen that although the word "right" is not used,it is essentially established as a right to information.Finally,in view of the establishment of the personal information right of the most basic pre-law "Civil Code",it is further determined that the legal benefit of the crime of infringing citizens’ personal information is the right of personal information self-determination after analyzing the specific powers of this right.The second part focuses on the definition of "personal information" in the crime of infringing on citizens’ personal information,discusses the definition and classification of "personal information" in the Civil Code,and analyzes the impact of this crime.First,select representative typical cases,and summarize the problem of vague identification of the types of personal information crime in practice.The type of "personal information" in the criminal law divides information into three categories based on the degree of sensitivity.The identification of some types of information is clear and uncontroversial,but there are also some types of information such as vehicle information and house owner information.Different identifications of information will directly affect the application of incriminating standards.In addition,there is no uniform certainty as to whether the act of providing public information after obtaining the public information should be convicted.Then,combined with the analysis of the definition of "personal information" in the provisions of the Civil Code,summed up the definition of "personal information" in the provisions of the civil law,and affirmed the scope of the controversial crime of infringing on citizens’ personal information.The classification of private and non-private information can be combined with the guilt determination criteria for private information in sensitive information,and the processing of legal "public information" should be unified without the need for "second authorization",and act is not guilty.The third part focuses on the deficiencies in the types of objective behaviors in the crime of infringing on citizens’ personal information,and discusses the expanded influence of the provisions of the "Civil Code" on the ways of handling personal information.First,select representative typical cases and summarize several types of behavior patterns of crimes of infringing citizens’ personal information that are common in practice.In addition to the behaviors identified as crimes in the case,there are also illegal use behaviors that have not been evaluated by the law,and it is concluded that the objective behaviors of this crime are not sufficiently comprehensive and lack of regulation of illegal use behaviors.Then,combined with the analysis of the specific provisions of the use behavior in the "Civil Code",it is believed that illegal use behavior should be included in the regulation of the crime of infringing on citizens’ personal information,"illegal" and "violation of relevant national regulations" are distinguished on the premise of conviction for use.