| With the advent of the era of big data,personal information of citizens is distributed in all processes and stages of social operation and plays an increasingly important role.In this context,a large number of crimes against citizens’ personal information have emerged,and citizens’ personal information is facing increasingly serious threats.Accordingly,the criminal law protection of citizens’ personal information has also put forward more stringent requirements.Chinese criminal law for the protection of citizens’ personal information has also changed from indirect intervention to direct intervention,the establishment of special charges and the introduction of relevant judicial interpretations,but these provisions in the complex and changeable judicial practice has fallen into many difficulties,in this regard,this paper mainly discusses the practical problems of criminal law intervention on the protection of citizens’ personal information at this stage,trying to provide some theoretical support for further protection of citizens’ personal information.The introduction part mainly explains the overall legislative overview of the protection of personal information of citizens,and puts forward the development of information technology has formed the impact on the traditional criminal law protection of personal information of citizens,which brings new challenges to the criminal law intervention of personal information protection of citizens.The main content of this paper is divided into three chapters.The first chapter mainly discusses the basic situation of citizen personal information protection criminal law intervention.Including the citizen personal information connotation boundary to be clear,and analyzes the evolution of citizen personal information protection criminal law intervention.The second chapter,combined with the current practice,the criminal law intervention on the protection of personal information of citizens is still insufficient,mainly as follows:the protection of personal legal interests of citizens ’ personal information is slightly biased,the omission of crime and the legal punishment is too light.The third chapter,according to the problems of insufficient protection of citizens’ personal information in criminal law at this stage,academia presents a diversified adjustment position.However,it is clear that in order to further protect the personal legal interests of citizens’ personal information and the security needs of public legal interests,criminal law needs to play its due function to make certain rational judgments and adjustments.When specifically adjusting the criminal law intervention of citizens’ personal information protection,it should be based on the actual needs.First of all,it should be clear that the current situation of criminal law intervention in the protection of citizens’ personal information cannot fully protect the legal interests of citizens’ personal information,and the criminal law needs to be adjusted;Furthermore,the value concept of criminal law intervention adjustment should implement the requirements of the criminal policy of tempering justice with mercy,conform to the actual needs of the current protection of personal information of citizens,and avoid the intervention of criminal law is too lagging,stereotyped and excessive;Finally,in view of the present stage of citizens’ information protection of criminal law intervention problems specific strategy adjustment,including the citizens’ personal information protection of criminal law intervention of the balance of legal interests adjustment,crime type adjustment and adjustment of punishment mode.The last part is the conclusion of this paper,which reviews and summarizes the content of the full text,and advocates that the criminal law should actively respond to the new problems about the protection of personal information of citizens under the changes of the times,and make timely rational and necessary adjustments,so as to effectively play the due function of the criminal law. |
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