| With the development of big data on the Internet,personal information security has become more and more concerned,and China’s criminal law has taken the lead in effectively protecting it,along with the official implementation of the Personal Information Protection Law,China has finally established a complete personal information protection system.And re-examination of the crime of infringement of citizens’ personal information,its own legislative deficiencies,but also with the implementation of the later "Personal Information Protection Law" conflicting contradictions need to be adjusted.The Personal Information Protection Law gives citizens a more comprehensive right to information self-determination,while increasing the obligations of personal information handlers and relevant departments to handle personal information,enabling the dust to settle on the long-disputed legal benefits of the crime,and providing direction for adjusting the crime of infringing citizens’ personal information.The analysis of the necessity of adjusting the crime of infringement of citizens’ personal information is mainly based on the confusion of judicial decisions,the innate inadequacy of legislation,and the requirement of following the principle of unity of legal order."The analysis of 400 randomly selected judicial decisions reveals the misunderstandings in the current decisions,focusing on the ambiguity of the identification of personal information,the imbalance of crimes and penalties,the single means of punishment,the over-reliance on liberal penalties,and the insufficient use of fines;the " legislative By analyzing the provisions of the Criminal Law and judicial interpretations,we point out the unreasonable points,such as the unreasonable setting of the standard of seriousness and the difficulty in grasping the quantity of different types of information.In addition,there is a lack of norms regulating the illegal use of personal information,and the protection of personal information should be improved not only by combating crimes against personal information,but also by paying more attention to crimes against abusive personal information;"following the principle of unity of law and order" by comparing the crime of infringing citizens’ personal information and its judicial interpretation with the Personal Information Protection Law,and changing as much as possible the current crime of infringing citizens’ personal information.The law also provides for the unification of the legal order by comparing the crime of infringing citizens’ personal information and its judicial interpretation with the Personal Information Protection Law,so as to change the unreasonable norms of the current crime of infringing citizens’ personal information as much as possible,and resolve the conflicts between the two laws.As for the adjustment of the crime of infringement of citizens’ personal information,we emphasize that we should follow the spirit of the Constitution and the basic principles of legislation,start from both the judicial interpretation of the crime of infringement of citizens’ personal information and the provisions of the Criminal Law,draw on and absorb the reasonable norms of the Personal Information Protection Law,and adjust the shortcomings of our own.The adjustment of the judicial interpretation mainly focuses on improving the concept of personal information and the classification standard and the standard of seriousness,providing a clear and reasonable standard for judicial practice and solving the confusion of judicial decision.For the adjustment of the Criminal Law,the criminalization of the illegal use of personal information is proposed,and with the implementation of the Personal Information Protection Law,China should pay attention to both the flow of personal information crime and the abuse of personal information crime,and the abuse of personal information crime should no longer be attached to the flow of crime norms;constantly improve the configuration of penalties,improve the relevant provisions of the fine penalty,and truly play the role of the role of the penalty of fines,and increase the qualification penalty provisions to combat the use of the qualification of the business of handling personal information to commit crimes.At present,the implementation of the Personal Information Protection Law makes China’s personal information protection enter a new era,adjusting the inadequacy of the crime of infringing citizens’ personal information,should take the Personal Information Protection Law as the source of legal benefit theory,and form a unified and effective adjustment idea.In the legislation to solve the conflict of legal concepts between the two laws,legal responsibility vacancy and other issues;in the judicial summary of China’s practical experience in the protection of personal information,to reverse the concept of personal information protection.In the future,it is also necessary to continue to continuously improve the legal protection system of personal information in China and realize the coordination and orderliness between various sectoral laws in order to jointly protect the security of personal information in China. |
