The Function Failure and Repair of"Violating the Relevant National Regulations"in the Crime of Infringing Citizens'Personal Information
As a blank criminal law norm,"violating the relevant national regulations"in the crime of infringing citizens'personal information has both reference function and connecting function,which can realize the harmony between criminal law and other laws.However,in judicial practice,the functions fail to work.The unclear systematical location and unclear content are the crux of the problem.The theory of objective constitutive elements and the theory of elimination of misfeasance only pay attention to one single function.The theory of compound function balance two functions but brings a logical contradiction.The theory of normative elements of constitutive elements not only takes care of the two functions but also is logically self-consistent,which overtakes the theoretical obstacle for the function restarting.A pre-criminal norm group should be constructed,in which the Personal Information Protection Law is the core and the other relevant laws and administrative regulations and the normative documents led by the Personal Information Protection Law are the supplement.By clearing the content,"violating the relevant national regulations"gains substantive connotation,thus provide sufficient power to realize its functions.
citizens'personal informationviolating the relevant national regulationsnormative elements of constitutive elementsnormative filling
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