A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information

Yaqing Wang; Xuelei Yu

doi:doi:10.11648/j.ash.20190506.14

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A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information

Yaqing Wang, Xuelei Yu

Published in Advances in Sciences and Humanities (Volume 5, Issue 6)

Received: 3 September 2019 Accepted: 8 October 2019 Published: 26 December 2019

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Abstract

In the debate on the legal interests of the crime of infringing on citizens' personal information, legal interest is the starting point of judging illegality, so we take the specific legal interest protected by this crime as our first research content. In terms of research methods, our project comprehensively uses various legal research methods, such as article analysis method and document analysis method. Starting from article of law, it closely follows criminal justice cases and judicial practice, analyzes practical problems in combination with legal theory, and forms the research level of article of law - judicial practice - legal theory. The theory of the right to self-determination of citizens' information is the most admissive one because of the constitutional basis and realistic background. The right to self-determination of citizens' information is the right to control your personal information according to law and decide whether it is collected and used. But it will lead to the infinite expansion of the criminal law network, and it is difficult to rationalize the statutory punishment of the crime of infringing on citizens' personal information. In order to control the scope of the criminal law legal network, it is necessary to restrict the right to self-determination of citizen information with "identifiable information." The rationality of the statutory penalty for this crime lies in that this crime has the super-individual legal benefit (the information security and order of the society). To conclude, the crime of infringing on citizens' personal information should have both personal and supra personal legal interests.

Published in	Advances in Sciences and Humanities (Volume 5, Issue 6)
DOI	10.11648/j.ash.20190506.14
Page(s)	160-164
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2019. Published by Science Publishing Group

Keywords

Crime of Infringing on Information, Personal Legal Interest, Super Personal Legal Interest

References

[1]	Fan fei. Considerations on legal interests of criminal law in risk society [J]. Journal of shandong police college, 2016, 28 (04): 63-69.
[2]	PI yong, wang suzhi. Legal benefits and harmful behaviors of the crime of infringing on personal information in the context of big data [J]. Journal of hainan university (humanities and social sciences edition), 2017, 35 (05): 114-124.
[3]	Wang zhaowu, xiao kai. Some problems in the identification of crimes against citizens' personal information [J]. Law, 2009 (12): 146-155.
[4]	CAI jun. Rational analysis on legislation of personal information infringement crime -- and reflection and prospect on the legislation of this crime [J]. Modern law, 2010, 32 (04): 105-112.
[5]	See zhou guangquan, theories on criminal law (3rd edition), 2016 edition of renmin university of China press, pages 71 and 72; Chen xingliang, Ed.: criminal law (3rd edition), fudan university press, 2016, page 256.
[6]	Jing lijia. The legal benefits of the crime of infringing on citizens' personal information in the context of big data [J]. Law review, 2008, 36 (02): 116-127.
[7]	Yao yuerong. Evidence of information self-determination as a basic right in China [J]. Politics and law, 2012 (04): 72-83.
[8]	Yang fang. Theory of self-determination of personal information and its review -- on the protection object of personal information protection law [J]. Comparative law research, 2015 (06): 22-33.
[9]	Jiang haiyang. Advocating the crime of infringing on citizens' personal information beyond personal legal interests [J]. Jiao tong university law, 2018 (03): 139-155.
[10]	J. dowiree Dodd, Data Security law-state Statutory Requirements for Protecting Personal Data, American Journal of Trial Advocacy, Vol. 38, 2015, p. 623.
[11]	Ge Yue-ying. Information Security and Privacy Protection of Citizens in Big Data Era: An Interview with the Deputy Director of the Policy and Law Committee of the China Electronic Commerce Association. Information China. 2014.
[12]	Wang Xia. Security Management and Maintenance Analysis of Computer Network in Government Agencies. Electronics World. 2017.
[13]	Liu Ming-xiao. Typical Cases of Crimes of Infringing Citizens’ Personal Information. Procuratorial Daily. 2017
[14]	Office of the Central Leading Group for Cyberspace Affairs. Ministry of Public Security: The National Public Security Organs Conducted a Total of 1886 Cases of Infringement of Personal Information of Citizens Last Year. http://www.cac.gov.cn/2017-03/11/c1120608963.htm. 2017
[15]	Feng Gailin. On personal information protection law and criminal law [J]. Society, 2016, (32): 178-179.
[16]	Zhang Libo. Study on the criminal law protection of personal information of citizens. [J]. legal science Expo, 2015, (26): 265.
[17]	Li Li. The perfection of criminal law on network data security and personal information protection of citizens [J]. Journal of China University of Political Science and Law, 2015, (04): 64-78+159.
[18]	Yun-Feng Wu. On the Judicial Application of Crime of Infringing Citizens' Personal Information-From the Perspective of Network Security Law [J]. Journal of Henan Police College, 2017.

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APA Style

Yaqing Wang, Xuelei Yu. (2019). A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information. Advances in Sciences and Humanities, 5(6), 160-164. https://doi.org/10.11648/j.ash.20190506.14

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ACS Style

Yaqing Wang; Xuelei Yu. A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information. Adv. Sci. Humanit. 2019, 5(6), 160-164. doi: 10.11648/j.ash.20190506.14

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AMA Style

Yaqing Wang, Xuelei Yu. A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information. Adv Sci Humanit. 2019;5(6):160-164. doi: 10.11648/j.ash.20190506.14

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@article{10.11648/j.ash.20190506.14,
  author = {Yaqing Wang and Xuelei Yu},
  title = {A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information},
  journal = {Advances in Sciences and Humanities},
  volume = {5},
  number = {6},
  pages = {160-164},
  doi = {10.11648/j.ash.20190506.14},
  url = {https://doi.org/10.11648/j.ash.20190506.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ash.20190506.14},
  abstract = {In the debate on the legal interests of the crime of infringing on citizens' personal information, legal interest is the starting point of judging illegality, so we take the specific legal interest protected by this crime as our first research content. In terms of research methods, our project comprehensively uses various legal research methods, such as article analysis method and document analysis method. Starting from article of law, it closely follows criminal justice cases and judicial practice, analyzes practical problems in combination with legal theory, and forms the research level of article of law - judicial practice - legal theory. The theory of the right to self-determination of citizens' information is the most admissive one because of the constitutional basis and realistic background. The right to self-determination of citizens' information is the right to control your personal information according to law and decide whether it is collected and used. But it will lead to the infinite expansion of the criminal law network, and it is difficult to rationalize the statutory punishment of the crime of infringing on citizens' personal information. In order to control the scope of the criminal law legal network, it is necessary to restrict the right to self-determination of citizen information with "identifiable information." The rationality of the statutory penalty for this crime lies in that this crime has the super-individual legal benefit (the information security and order of the society). To conclude, the crime of infringing on citizens' personal information should have both personal and supra personal legal interests.},
 year = {2019}
}

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TY  - JOUR
T1  - A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information
AU  - Yaqing Wang
AU  - Xuelei Yu
Y1  - 2019/12/26
PY  - 2019
N1  - https://doi.org/10.11648/j.ash.20190506.14
DO  - 10.11648/j.ash.20190506.14
T2  - Advances in Sciences and Humanities
JF  - Advances in Sciences and Humanities
JO  - Advances in Sciences and Humanities
SP  - 160
EP  - 164
PB  - Science Publishing Group
SN  - 2472-0984
UR  - https://doi.org/10.11648/j.ash.20190506.14
AB  - In the debate on the legal interests of the crime of infringing on citizens' personal information, legal interest is the starting point of judging illegality, so we take the specific legal interest protected by this crime as our first research content. In terms of research methods, our project comprehensively uses various legal research methods, such as article analysis method and document analysis method. Starting from article of law, it closely follows criminal justice cases and judicial practice, analyzes practical problems in combination with legal theory, and forms the research level of article of law - judicial practice - legal theory. The theory of the right to self-determination of citizens' information is the most admissive one because of the constitutional basis and realistic background. The right to self-determination of citizens' information is the right to control your personal information according to law and decide whether it is collected and used. But it will lead to the infinite expansion of the criminal law network, and it is difficult to rationalize the statutory punishment of the crime of infringing on citizens' personal information. In order to control the scope of the criminal law legal network, it is necessary to restrict the right to self-determination of citizen information with "identifiable information." The rationality of the statutory penalty for this crime lies in that this crime has the super-individual legal benefit (the information security and order of the society). To conclude, the crime of infringing on citizens' personal information should have both personal and supra personal legal interests.
VL  - 5
IS  - 6
ER  -

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Author Information

Yaqing Wang

Honors College, Nanjing Normal University, Nanjing, China
Xuelei Yu

Honors College, Nanjing Normal University, Nanjing, China

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Plain Text BibTeX RIS

APA Style

Yaqing Wang, Xuelei Yu. (2019). A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information. Advances in Sciences and Humanities, 5(6), 160-164. https://doi.org/10.11648/j.ash.20190506.14

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ACS Style

Yaqing Wang; Xuelei Yu. A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information. Adv. Sci. Humanit. 2019, 5(6), 160-164. doi: 10.11648/j.ash.20190506.14

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AMA Style

Yaqing Wang, Xuelei Yu. A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information. Adv Sci Humanit. 2019;5(6):160-164. doi: 10.11648/j.ash.20190506.14

Copy | Download

@article{10.11648/j.ash.20190506.14,
  author = {Yaqing Wang and Xuelei Yu},
  title = {A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information},
  journal = {Advances in Sciences and Humanities},
  volume = {5},
  number = {6},
  pages = {160-164},
  doi = {10.11648/j.ash.20190506.14},
  url = {https://doi.org/10.11648/j.ash.20190506.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ash.20190506.14},
  abstract = {In the debate on the legal interests of the crime of infringing on citizens' personal information, legal interest is the starting point of judging illegality, so we take the specific legal interest protected by this crime as our first research content. In terms of research methods, our project comprehensively uses various legal research methods, such as article analysis method and document analysis method. Starting from article of law, it closely follows criminal justice cases and judicial practice, analyzes practical problems in combination with legal theory, and forms the research level of article of law - judicial practice - legal theory. The theory of the right to self-determination of citizens' information is the most admissive one because of the constitutional basis and realistic background. The right to self-determination of citizens' information is the right to control your personal information according to law and decide whether it is collected and used. But it will lead to the infinite expansion of the criminal law network, and it is difficult to rationalize the statutory punishment of the crime of infringing on citizens' personal information. In order to control the scope of the criminal law legal network, it is necessary to restrict the right to self-determination of citizen information with "identifiable information." The rationality of the statutory penalty for this crime lies in that this crime has the super-individual legal benefit (the information security and order of the society). To conclude, the crime of infringing on citizens' personal information should have both personal and supra personal legal interests.},
 year = {2019}
}

Copy | Download

TY  - JOUR
T1  - A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information
AU  - Yaqing Wang
AU  - Xuelei Yu
Y1  - 2019/12/26
PY  - 2019
N1  - https://doi.org/10.11648/j.ash.20190506.14
DO  - 10.11648/j.ash.20190506.14
T2  - Advances in Sciences and Humanities
JF  - Advances in Sciences and Humanities
JO  - Advances in Sciences and Humanities
SP  - 160
EP  - 164
PB  - Science Publishing Group
SN  - 2472-0984
UR  - https://doi.org/10.11648/j.ash.20190506.14
AB  - In the debate on the legal interests of the crime of infringing on citizens' personal information, legal interest is the starting point of judging illegality, so we take the specific legal interest protected by this crime as our first research content. In terms of research methods, our project comprehensively uses various legal research methods, such as article analysis method and document analysis method. Starting from article of law, it closely follows criminal justice cases and judicial practice, analyzes practical problems in combination with legal theory, and forms the research level of article of law - judicial practice - legal theory. The theory of the right to self-determination of citizens' information is the most admissive one because of the constitutional basis and realistic background. The right to self-determination of citizens' information is the right to control your personal information according to law and decide whether it is collected and used. But it will lead to the infinite expansion of the criminal law network, and it is difficult to rationalize the statutory punishment of the crime of infringing on citizens' personal information. In order to control the scope of the criminal law legal network, it is necessary to restrict the right to self-determination of citizen information with "identifiable information." The rationality of the statutory penalty for this crime lies in that this crime has the super-individual legal benefit (the information security and order of the society). To conclude, the crime of infringing on citizens' personal information should have both personal and supra personal legal interests.
VL  - 5
IS  - 6
ER  -

Copy | Download