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Infringement of citizens' personal information a crime , the Criminal Code applies and perfect

Author: FuWeiFang
Tutor: WuYunFeng
School: East China University of Political Science
Course: Legal
Keywords: Personal information of citizens Judicial determination Legislative Perfection
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 93
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Abstract

Is the so-called know ourselves, know yourself, since ancient times, the information on people's lives has a very important effect, people can find hidden information, and feel the troubles will be a result of the information has been compromised. In the last few years, have occurred in the event of violations of citizens' personal information seriously affected the normal life of the citizens. Amendment to the Criminal Law of the People's Republic of China (7) \personal information of citizens crime. First sold illegally providing personal information of citizens \But today, we did not feel the personal information leakage momentum has improved, but there is a growing trend, By contrast, is not a lot of precedents over the infringement of personal information a crime, the crime of violation of personal information Protection Law to understand the differences, and also very different verdict for similar cases, the reach of the law and social effects are not very satisfactory. This paper hopes depth interpretation of the criminal law provisions of the violation of personal information through the analysis of the status and characteristics of the infringement of citizens 'personal information, draw on foreign experience and practice in the protection of personal information, crime effectively combat the infringement of citizens' personal information to curb citizens The trend of illegal use of personal information, which provide effective protection for the personal information of our citizens. In addition to the introduction and conclusion, is divided into three parts. The first part is the introduction, the part of the status and characteristics of the infringement of citizens' personal information including violations of the personal information crime has been formed industrialization, people have come to realize the importance and necessity of the protection of personal information. The main characteristics of the ongoing violations of citizens' personal information a crime: hidden criminal means more violations of communications and information, to obtain illegal benefits larger Judgments different standards. The second part is a violation of criminal judicial determination of the personal information of citizens, the part including the definition of personal information of citizens, mainly on the analysis of the concept and content of the citizens, personal information, and the right to information; strip Crimes Act, the infringement of citizens' personal information understanding, mainly on the subject of crime, the scope the clear objective elements of the crime; described the difference of violating citizens' personal information and other related crimes. The third part is the infringement of citizens' personal information a crime, criminal law is perfect, and the part we can learn from experience, including foreign protection of personal information of violations of the personal information of citizens crime criminal law applicable recommendations.

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