| Nowadays,new production technologies such as information technology,artificial intelligence,and the Internet are on the ascendant,and such new technologies are profoundly changing the operation mode of human society,bringing opportunities and challenges to human society: on the one hand,the development and application of new technologies have brought about changes in productivity and promoted the "leapfrogging" progress of the economy and society;on the other hand,new technologies are also becoming tools for crime,seriously challenging the existing rules and order.Especially in the era of big data,citizens’ personal information is not only a personal identification mark but also endowed with a lot of commercial value,in this context,the leakage and abuse of citizens’ personal information are common.Although the criminal law of our country has made relevant provisions on the crime of infringement of citizen personal information,the crime of infringing on citizens’ personal information faces the problem of insufficient application conditions and application methods caused by changes in the application environment brought about by data technology innovation,so this article aims to sort out the application disputes existing in judicial practice,and then revise the identification thinking of the crime of infringing citizens’ personal information,to provide a certain reference for judicial practice.This paper is divided into five parts: the first chapter is an introduction,which introduces the research background significance,research status at home and abroad,research methods,and innovation points.Chapter 2 analyzes the concept and characteristics of big data,and introduces the legislative norms and academic claims that define citizens’ personal information,as well as the debate on the nature of legal benefits.Based on the basic positioning that the crime of citizens’ personal information is natural,its protection legal benefits should adopt the theory of individual legal interests,and specifically citizens’ right to self-determination of information.Chapter III,through empirical investigation and analysis of judicial precedents,finds that the judicial practice of the crime of infringing on citizens’ personal information has the characteristics of a large variety of information involved,a large number and scale,diverse and concealed criminal methods and unclear reasoning in adjudication.Such characteristics reflect that in the era of big data,the judicial identification of the crime of infringing citizens’ personal information has the problem that the case facts are diverse and the application modes and methods of the elements are relatively scarce.Chapter IV is the judicial application dispute of the crime of infringing citizens’ personal information in the era of big data.This paper mainly sorts out the controversial issues in the judicial determination of the crime of infringing on citizens’ personal information,including the identification of "non-real name account information" and "published personal information",the difference in the judgment of citizens’ personal information type,the fuzzy rules for the identification of information quantity,and the difficulty in the regulation of "illegal use" behavior.Chapter V puts forward suggestions for improving judicial application in response to disputes over the judicial application of crimes infringing on citizens’ personal information:First,after adhering to the value orientation of "both protection and use" to define citizens’ personal information,build a systematic and comprehensive characteristic definition method with identification as the core,supplemented by standards such as illegality judgment,information validity,and legal benefit protection.Second,the two-tier model of "formalization + substance" is used to judge the type of citizens’ personal information.That is,first make formal judgments on the types of citizens’ personal information,and then make substantive judgments on the personal and property safety hazards of specific natural persons,the ways of obtaining information,the use scenarios,and the purpose of use in combination with the information.Third,optimize the rules for determining the quantity of information,and adopt a combination of subjective and objective identification standards for the determination of the quantity of information.Fourth,given the serious legal infringement of illegal use of information,the traditional peripheral regulatory model should be revised.Based on existing crimes of infringing on citizens’ personal information,expand interpretations to include lawful access to illegal use of information within the scope of criminal laws and regulations. |
