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The Study on Criminal Law Protection of Personal Information

Author: DuanXiaoNi
Tutor: LiJie
School: Jilin University
Course: Criminal Law
Keywords: Personal Information Legislative Situation at Home and Abroad Criminal Law Amendment Seven Legislation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 273
Quote: 1
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Abstract


As the network and the development of science and technology, the infringement of citizens’personal information increasingly rampant crime, whereas China does not have special the "personal information protection law" regulating and constraint.The introduction of "Criminal law Amendment (7) ", Protection of personal information for the curtain. Foreign early start for the protection of personal information, legislation is relatively perfect. This disclosure of personal information for the current proliferation of the phenomenon, from the theoretical level of protection of the Criminal Code of Personal Information. This article discusses the following aspects.This article is divided into three parts:introduction, body and conclusion.Described in the introduction:rampant violations of the phenomenon of personal information; the purpose of this writing; legislative situation at home and abroad; the necessity of criminal law protection of personal information.The body is divided into five chapters to disscuss the Criminal Protection of Personal Information.The first chapter introduces an overview of personal information. First, define the concept of personal information, Expounds the concept and characteristic of personal information, And the relationship between personal privacy, personal data and personal data. Secondly, describe the right of personal information and classification of the legal attributes.The second chapter analysis Legislation of personal information on domestic and international status. First, sort out the domestic legislative status of legal protection of personal information, to know about legislation of personal information in our country law,to See Protection of Personal Information is insufficient, Between civil law and criminal law protection fault; Secondly, introduces the criminal law protection legislation present situation of personal information, From the legislative model, legislative system, legislative name, subject of crime, criminal organization, criminal object, objective aspect of crime, criminal law setting, nine ways to discuss personal information on criminal law, Our country can learn and reference. The third chapter specifically targeted at our country "criminal law amendment (7)" in the infringement of citizens’personal information crime analysis. First of all,to analysis elements of Crimes on sale, illegally provide citizens’personal information and steal, sin unlawfully obtained citizens’personal information. Thus to judicial practice cognizance and apply the crime. Secondly, the two charges in the amendment of criminal law (7), have shortcomings and defects, Including the legal system is not comprehensive, the narrow subject of crime, criminal objective behavior to be perfect, irrational allocation of legal punishment, investigation and evidence collection difficult.The fourth chapter on the basis of the above four chapters, puts forward personal information protection legislation perfect criminal law. First of all, we should learn abroad legislative experience, in combination with the reality in our country, and take the essence and discard the dregs, to Perfect our laws. Secondly, according to the deficiencies and defects in the amendment of criminal law (7), I will carry forward perfect recommendations.Conclusion:Based on the current status of personal information disclosure, China’s current legislation to protect the status quo, China needs to introduce special "Personal Information Protection Law ", to form the civil law, administrative law, criminal law, integration, multi-level protection system.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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