论刑法中的公民个人信息保护
发布时间：2018-08-24 13:43
【摘要】：随着网络的迅速发展，各种信息越来越透明化，公民个人信息越来越容易获取和收集，公民的个人信息价值也越来越高，伴随而来的是公民个人信息的安全问题日益突出，威胁个人信息行为的案例日趋增多，作案手段更是千变万化，社会危害性愈加严重。对此，已经无法通过民法和行政法来有效保护公民个人信息的隐私，而是需要通过刑法手段来保护公民的个人信息免受侵害，对图谋不轨者起到震慑和警示作用。 相比于国外的立法和法制建设，我国在公民个人信息刑法保护方面存在较大的差距和不足。立法实践起步较晚，，目前直接涉及公民个人信息的罪名仅有有限几个，无法形成完整的刑法体系；理论研究不足，对个人信息的概念和范围还存在较大分歧；犯罪主体过于狭隘，目前刑法规定的出售、非法提供公民个人信息犯罪的主体仅限于国家机关或者金融、电信、交通、教育、医疗等单位及其工作人员，存在刑法保护漏洞。面对存在的种种问题，我们需要完善公民个人信息的刑法保护体系，对侵犯公民个人信息犯罪的主体作出合理解释，完善公民个人信息遭受侵害时的权利救济途径，尽快制定《公民个人信息法》，对公民个人信息的概念和范围作出明确界定。同时吸收国外公民个人信息保护方面成功的经验和做法，以从中寻求我国刑法对公民个人信息保护的改进方案。
[Abstract]:With the rapid development of the network, various kinds of information become more and more transparent, citizens' personal information is more and more easy to obtain and collect, and the value of citizens' personal information is becoming higher and higher. With this, the security problems of citizens' personal information become more and more prominent. The cases of threatening personal information behavior are increasing day by day, the means of committing crimes are becoming more and more changeable, and the social harmfulness is becoming more and more serious. Therefore, it is impossible to effectively protect the privacy of citizens' personal information through civil law and administrative law, but it is necessary to protect citizens' personal information from infringement by means of criminal law, which can serve as a deterrent and warning to those who commit mischief. Compared with the legislation and legal system construction abroad, there is a big gap and deficiency in the criminal law protection of citizens' personal information in our country. At present, there are only a few charges directly related to citizens' personal information, which can not form a complete criminal law system, the theoretical research is insufficient, and there are still great differences on the concept and scope of personal information. The subject of the crime is too narrow, the sale of the criminal law at present, the subject of illegally providing the citizen's personal information is limited to the state organ or the financial, telecommunication, transportation, education, medical treatment and so on unit and its staff, there is the criminal law protection loophole. In the face of all kinds of problems, we need to perfect the criminal law protection system of citizen's personal information, make reasonable explanation to the subject of infringing citizen's personal information crime, and perfect the right remedy way when citizen's personal information is infringed. Make the citizen personal information law as soon as possible and define the concept and scope of citizen personal information clearly. At the same time, we should absorb the successful experience and practice of the protection of citizens' personal information in foreign countries, so as to seek the improvement scheme of our country's criminal law on the protection of citizens' personal information.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
[Abstract]:With the rapid development of the network, various kinds of information become more and more transparent, citizens' personal information is more and more easy to obtain and collect, and the value of citizens' personal information is becoming higher and higher. With this, the security problems of citizens' personal information become more and more prominent. The cases of threatening personal information behavior are increasing day by day, the means of committing crimes are becoming more and more changeable, and the social harmfulness is becoming more and more serious. Therefore, it is impossible to effectively protect the privacy of citizens' personal information through civil law and administrative law, but it is necessary to protect citizens' personal information from infringement by means of criminal law, which can serve as a deterrent and warning to those who commit mischief. Compared with the legislation and legal system construction abroad, there is a big gap and deficiency in the criminal law protection of citizens' personal information in our country. At present, there are only a few charges directly related to citizens' personal information, which can not form a complete criminal law system, the theoretical research is insufficient, and there are still great differences on the concept and scope of personal information. The subject of the crime is too narrow, the sale of the criminal law at present, the subject of illegally providing the citizen's personal information is limited to the state organ or the financial, telecommunication, transportation, education, medical treatment and so on unit and its staff, there is the criminal law protection loophole. In the face of all kinds of problems, we need to perfect the criminal law protection system of citizen's personal information, make reasonable explanation to the subject of infringing citizen's personal information crime, and perfect the right remedy way when citizen's personal information is infringed. Make the citizen personal information law as soon as possible and define the concept and scope of citizen personal information clearly. At the same time, we should absorb the successful experience and practice of the protection of citizens' personal information in foreign countries, so as to seek the improvement scheme of our country's criminal law on the protection of citizens' personal information.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
【参考文献】
相关期刊论文 前4条
1 高福洪;;公民个人信息保护刍议[J];公安研究;2013年10期
2 席s
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