The Behavioral Structure of the Crime of Infringing Citizens' Personal Information
Tong Dehua;Peng Mian;Zhongnan University of Economics and Law;
The ever-popular and complex crime of infringing on citizens' personal information brings challenges to legislation and judiciary. It is necessary and urgent to conduct typological research on it from the perspective of objective behavior. According to the provisions of my country's Criminal Law and judicial interpretations, crimes against citizens' personal information can be divided into two categories: "illegal provision" and "illegal acquisition". "Illegal provision type" behaviors take "sale" as a typical way. Parallel to the "sale" behavior is the provision and release of citizens' personal information to specific and unspecified majority of people in violation of the relevant state regulations, without the consent of the information rights holder. "Illegal provision" such as providing legally collected personal information of citizens by others. "Illegal acquisition" behaviors take "stealing" as a typical way, and "illegal acquisition by other means" stipulated in the law is a general provision, which is used to regulate behaviors equivalent to the social harm of stealing citizens' personal information.