The Confirmation of the Legal Interests of the Crime of Infringing on Citizens' Personal Information and the Exploration of the Criminal Law Protection Path
DOI:
https://doi.org/10.62051/ijsspa.v6n3.11Keywords:
Information Age, Citizen Personal Information, Confirmation of Legal Interests, Criminal Law ProtectionAbstract
In the information age, the phenomenon of cyber crime is increasingly rampant, among which the problem of infringing on citizens' personal information is particularly serious. As for the scope of citizens' personal information, the academic community discusses it from the perspective of identification and sensitivity. Its scope should be considered by integrating multiple factors, and in practice, the definition standard should be improved from both theoretical and judicial aspects. Law properties, academic circles have personal interests and personal interests, focus including legal priority, define the concrete abstraction and judicial fit with legislation, in fact, and measure this crime, to balance individual and social public factors, in order to accurately define its scope, ensure the rationality of the law applicable and impartiality, effectively combat crime and protect citizens' rights and interests and social order. In the situation of judicial application, relevant charges are constantly improved, and the number of cases has increased, but there are problems such as vague definition of information, unclear identification of "serious circumstances" and differences in understanding of legal interests. The protection path of criminal law should clarify the standards of crime identification, strengthen criminal punishment and cooperative protection, so as to fight crimes and protect citizens' information security.
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[1] Ding Zhigang: The Rights of Citizens' Personal Information and the Protection of Criminal Law, Zhejiang Social Science, No.10,2017.
[2] Gao Fuping, Wang Wenxiang: The Boundary of the Crime of Selling or Providing Citizens 'Personal Information -- From the perspective of the Crime of infringing on Citizens' Personal Information, Politics and Law, no. 2,2017.
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[6] Li Hong, Each Theory On Criminal Law (2nd edition), Law Press, 2016, p. 270.
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[11] Please refer to the Criminal Judgment of Qian Hu and Zhou Meng for infringement of Citizens' Personal Information, case No.: (2017) Su 0507 Criminal No.790, date of visit: January 10,2025.
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[13] He Ju: A Study on the Conviction and Sentencing of infringing Citizens 'Personal Information -- Analysis of 1427 judgments, master's thesis of Guangxi University in 2024.
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