Dissertation > Excellent graduate degree dissertation topics show

A Study of Criminal Law Protection of Personal Information

Author: LiHaiLiang
Tutor: CaiJun
School: Henan University
Course: Criminal Law
Keywords: Personal Information The right to personal information Criminal Law Protection
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 367
Quote: 2
Read: Download Dissertation

Abstract

Personal information about individual unique to be able to make their own probability, fuzziness and uncertainty of the degree of reduction and the outside world through the media or manner or others to perceive or exchange; able to distinguish it from the outside world or others, to levy the table the individual characteristics content or the sum of the information, data, or information. With the rapid development of electronic technology advances and information technology, the collection and use of personal information has become an important part of the present era of information society, has brought a lot of fast and convenience to people's lives, but also give people originally tranquility life has brought the reality of the threat or potential danger. Frequently leak of personal information, privacy of life is often exposed human flesh search layers betrayed the proliferation of the use of personal information, malicious use; led people to tremble with fear, fear that they will become an undisguised \online, \Increasingly difficult to match our personal living space seemed a kind of suffocation intolerable, to some extent caused by the declining quality of personal life; personal reputation, property, personal, and even the lives of even endanger the present era; affect normal operation and healthy development of the information society and a hidden social security. At this point, the legal protection mechanisms to build personal information is increasingly becoming a major issue in contemporary society. From a legislative perspective, the severity of different types of violations of personal information behavior should be adjusted by the appropriate legal norms and regulatory governance; formation of the organic laws harmonized by the nature of the civil law, administrative law and criminal law department law protection mechanisms. At this point, the administrative law protection, civil protection of personal information, and even criminal law protection, it is increasingly becoming necessary; especially the backing of law, the protection of the criminal law protection of the law, can not be ignored. However, a careful reading of the provisions of 452 of the current Penal Code, it is difficult to find the object of a crime the right to personal information for criminal law provisions and charges; is in the seventh meeting of the 11th Standing Committee of the National People's Congress, on February 28, 2009 special terms and conditions of the criminal law protection of personal information through the People's Republic of China Criminal Law Amendment (g) 7, also have a lot to be desired. This personal information, the necessity of criminal law protection of the basic theory of personal information rights and personal information as a starting point; specifically addressed the basis of the criminal law protection of personal information and the legislative status quo of domestic and international criminal law protection of personal information; against our personal information Penal Code defect to protect the status quo, with reference to the the advanced legislative mode protection for the foreign personal information Penal Code, departure from the strict and not calendar Criminal structure and the criminal law dimension of the criminal law concept of \end of suggestions, some benefits to the criminal law protection of the personal information of our fledgling. In addition to the introduction and conclusion, is divided into the following five parts: the first part: personal information, criminal law protection Overview. Part by the comparison and analysis of the concept of personal information four doctrines and its related concepts the author for the definition of the concept of personal information and its contents range; elaborate personal information rights of the legal property of their classification, clear the author on personal the legal property of the right to information belonging to the academic stance of \Part II: Personal information theory of criminal law protection according. This section from the crime of human nature foundation - the criminal nature of Nature of Penalty and Penal Code function infringement cases, as well as people-oriented harmonious thoughts; to explore personal information on criminal law protection of into sin that its philosophy based on, jurisprudence based on, social school based on and practice according. From the point of view of criminal law theory analysis of the reasonableness and necessity of China's protection of personal information Penal Code incriminate default. Part III: Humility and analysis of criminal law protection of personal information. The incriminating part from the criminal law protection of personal information legislation, judicial interpretation of the discretion of the penalty applies, and dynamic judicial procedural mechanisms, as well as to explore the criminal law protection of personal information on the behavior of the \; so that the criminal law of China's personal information protection legislation that defense of the social protection of the human rights in order to achieve the Criminal Code a win-win situation this diligently pursuing. Part IV: Legislative Situation and Analysis of criminal law protection of personal information at home and abroad. This section first analyzes the the legislation status quo criminal law protection of our personal information, and then introduced the personal information Penal Code in the U.S., Europe and Japan is a world leader in the field of protection of personal information protection legislation mode; highlights show called the Personal Information Protection led American criminal law to protect personal information to case law, known legislative mode and Germany written statutes personal information known criminal law protection legislation mode. To be found in both the comparison and identification of useful points, suited to China's criminal law protection of personal information in order to Stones from other hills may serve to polish jade effect. Part V: Legislative defects and improving the criminal law protection of our personal information. This part of the analysis of the current personal information Penal Code to protect the count of missing, the scope of protection, the penalty configuration, the prosecution of the way and set the scope of the subject of a crime, the absence of the provisions of the criminal act, and its pre-legal system - the Personal Information Protection Law \other aspects of the defect. See the part of the criminal law protection specifications to improve our personal information pipe from the strict and not calendar Criminal structure and the criminal law dimension of the criminal law concept of \as much as possible to achieve the legislative purpose \

A Study of Criminal Law Protection of Personal Information

Abstract

Related Dissertations