Study On The Judicial Application Of The Crime Of Infringing Citizens’ Personal Information

With the rapid development of emerging information technology and the increasingly rich application scenarios,the value of personal information has been increasingly valued by people,and the competition for personal information among all parties has become increasingly fierce.Some lawbreakers have constantly changed and upgraded their criminal means,plundering and infringing citizens’ personal information,increasing the difficulty of personal information protection and facing increasingly serious challenges.The personal information protection act in November 1,2021 formally implemented,responded to social concerns and the urgent need of strengthening the protection of personal information,the method and problem of criminal law should be the focus of theoretical and practical circles at the present time.At the same time,the crime of violating citizens’ personal information does not adapt to the change of the crime situation,and there are loopholes in the regulation.Specifically,the criminal law should strengthen the protection of face recognition information,clear the criminal law protection limits of disclosed personal information,and use criminal means to effectively crack down on the illegal use of citizens’ personal information.It is necessary to combine strengthening the connection between criminal execution and improving the judicial application of the crime of violating citizens’ personal information,adjust and improve this crime with the direction of strengthening the connection between criminal law and the preceding law and the main line of solving the problem of judicial application,so as to build a personal information protection network integrating public and private law.In this paper,besides the introduction,mainly divided into the following three parts:The first part presents the situation in the judicial system in typical cases of violation of personal information of citizens and summarizes three most important issues in judicial practice.First,the status of criminal law in facial recognition information is unknown.Secondly,the boundaries of entering a criminal life for violating already open personal information are unclear.Finally,the illegal use of personal information is not regulated by criminal law.The second part,in view of the three questions raised in the first part of theory analysis.Firstly,it analyzes the reasons for the ambiguous status of face recognition information in criminal law,clarifies the relevant provisions in the preceding law,and demonstrates the necessity of protecting face recognition information in criminal law.Secondly,it analyzes the reasons for the blurring of the criminal law protection limits of public personal information,combs the protection rules in the pre-law,and summarizes the disputes at the criminal law level.Finally,this paper analyzes the reasons why the criminal law has not yet cracked down on the illegal use behavior,defines the connotation of the illegal use behavior,and proves the illegal use behavior into crime.The third part,the paper puts forward the improvement of the infringement of citizens’ personal information crimes are suggested.One is to improve the criminal legal protection of face recognition information,should take the "dichotomy" information distinction standard,adjust the number of crime standard.At the same time,the identification methods of face recognition information in practice and three kinds of behavior modes of infringing face recognition information are proposed.The second is to make clear the boundary of criminal supervision of disclosure of personal information,clearly and strictly define the basic principle of "reasonable scope",and put forward the pattern of behavior type recognition of "reasonable handling".Finally,summarize the typical forms of illegal use in practice,criminalize illegal use by adding clauses,and clarify the relationship between the number of crimes between related acts.