Judicial Practice Dilemma Of Crime Of Infringing Citizen’s Personal Information And Optimization Path

The judicial determination of the crime of infringement of citizens’ personal information is plagued by the dilemma of determining the scope of "citizens’ personal information",the dilemma of determining the standard of "seriousness",the dilemma of determining "violation of relevant state regulations" and the dilemma of defining the boundary between civil infringement and the crime of infringing citizens’ personal information.and the definition of the boundary between civil infringement and infringement of citizens’ personal information.The theoretical basis for the judicial application of the crime of infringement of citizens’ personal information lies in the balance of legal interests,legitimacy and the unity of the legal order.The judicial practice of infringement of citizens’ personal information in foreign countries is useful in terms of the scope of the concept of personal information,the construction of a unified legal protection system,the standard of application of"reasonable use" and the balance between the protection of personal information and the public interest.The path to optimise the dilemma of judicial recognition of crimes against citizens’ personal information lies in:unifying the provisions of the Interpretation and the Personal Information Protection Law on citizens’ personal information,and clarifying the scope of personal information.The identification of the relevant factors in the "aggravating circumstances" should be standardized,the criteria for determining the quantity of information should be optimized,the types of personal information should be reasonably defined,and the system of determination criteria should be unified and improved.The interpretation of "violation of relevant state regulations" is limited,and it is clear that departmental regulations can only be applied when they comply with the clear and detailed circumstances stipulated by laws and administrative regulations.To accurately apply the grounds for deterring violations of the law,under the premise of "reasonable use",the acquisition and provision of self-disclosed information must be in line with the subject’s reasonable expectations,and the acquisition and provision of legally disclosed information must be in line with the purpose of disclosure,with a view to achieving compatibility of crime and punishment.