In recent years,personal information has been described as a "new type of wealth".Once leaked,personal information can be used for crimes such as online fraud and extortion,posing a serious threat to people’s personal safety and the long-term stability of society.As the value of personal information grows,the economic value of the benefits behind it may tempt some people to break the law in exchange for high economic value.At the same time,the benefits of proper use of information resources can be very significant.If there is a lack of legislative protection of personal information,then when the infringement of personal information touches the red line of the law,both individuals,enterprises and the state will suffer great losses,which will affect social stability.This paper consists of four main parts.The first part analyzes the main characteristics of infringement of citizens’ personal information.Based on the four elements of criminal law,the concept and scope of citizens’ personal information,the legal benefits of infringement,the characteristics and types of behavior are discussed in turn,and finally the subjectivity and subjectivity of infringement of citizens’ personal information are introduced.The second part briefly introduces the parts related to the infringement of citizens’ personal information in the history of legal changes in China from the perspective of civil and commercial law,administrative norms and criminal law.The third part analyzes the current situation and the dilemma faced by judicial practice.The difficulties faced in relation to crimes involving personal information are summarized by combining the macro level(distribution of cases by administrative regions of the country)and the micro level(application of specific modes of conduct and sentencing circumstances in individual cases),and the problems summarized in these cases cover five main areas: unclear definitions of types of personal information of citizens,unclear criminal sanction provisions,incidental civil public interest litigation in criminal cases The last section will discuss all these problems.The last section will discuss all these problems and make suggestions for solving them: clarifying the scope of citizens’ personal information,improving the rules of criminal sanctions,improving the legislation of incidental civil public interest litigation,introducing punitive compensation mechanism,introducing criminal remedy mechanism,strengthening the regulation of special subjects of criminal crimes,and actively promoting the protection of citizens’ personal information.This paper combines the current situation of the law on the protection of citizens’ personal information and the law of judgment in judicial practice,puts forward some reasonable suggestions for better protection of citizens’ personal information,and seeks to promote the rationalization of penalties based on practice,and ultimately accelerate the establishment of a unified and coordinated regulatory system for the protection of personal information,increase the penalties for violations of the law,strengthen the construction of the information security guarantee system,and enhance the top-level design of information security to provide economic and social The company will provide strong support for economic and social development. |