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On the Study of Objective Elements of the Crime of Illegal Selling and Offering the Individual Citizen Information

Author: GaoZuo
Tutor: HuangMingRu
School: Xiangtan University
Course: Criminal Law
Keywords: personal information Behavior Pattern Behavior object serious cases
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 145
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Abstract

In modern society, the citizen’s privacy, reputation, credit, social security information and other personal information reflects an important status right, the violation or intrusion of people’s personal information can bring material loss and psychological harm, as well as great influence on citizen’s participation in social and economic life and prevention to the realization of various civil rights. In this sense, the respect and protection of citizens’personal information means the respect and protection for the citizens’civil rights. Although the introduced Criminal Code Amendment (7) makes stipulation in the protection of individual’s personal information, and the theory and the judiciary is still relatively unknown to the new charge, but it is too general to operate smoothly in practice. It has a larger dispute particularly in the provision of understanding the objective elements. From the perspective of the crime of sale or illegal providing citizens’personal information, the author gives a detailed analysis on the specific behavior, the criminal object and the incrimination condition of the crimes.Saling or illegal providing citizens’personal information violates state regulations. It is an extreme bad behavior to sale or illegal provide citizens’personal information obtained in the course of performing their duties or providing services. According to the understanding of strictly applying“violation of state provisions”in Article 96 of criminal law, the interpretation of this prerequisite is not only violating the law and decision made by National People’s Congress and its standing committee, but also violating the formulated administrative rules, the regulated administrative measures and the issued command by the state council, as well as violating normal documents drafted by any ministry and issued in the name of the state council .The behavior means of saling or illegal providing citizens’personal information includes saling and illegal providing. The saling of personal information refers not only the behavior of exchanging of personal information with money or items, but also refers to expansion explanations, including: exchange personal information with property, exchange personal information with property interests, exchange personal information with non-property interests. This kind of exchange is not based on equivalent exchange. Illegal providing refers to the behavior of proving personal information for other people without legal basis, it also refers the paid and unpaid behavior out of the boundary of“selling”, it has varied behavior ways. The behavior object of saling or illegal providing was citizens’personal information obtained in the course of performing their duties or providing services. Personal information has great impact on the message body and all kinds of information collection can cause serious social harm. Good understanding of the two construction forms of behavior object in“obtaining citizens’personal information in the course of performing their duties or providing services”can help us make accurate definition of behavior object of selling or illegal providing personal information. Criterion on the“serious cases”has always been the controversial focus of the theorists. The crime of selling and illegal providing citizens’personal information incorporate“serious cases”into incrimination condition, so we should determine that whether a particular act is a serious cases from the behavior contents and behavior results. The behavior contents include the number of times and the amount of selling or illegal providing personal information; the behavior results include the damage brought to the victim and the illegal benefits received by the perpetrator.

On the Study of Objective Elements of the Crime of Illegal Selling and Offering the Individual Citizen Information

Abstract

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