Ex-post punishment to prior compliance:The transformation of the governance model for the crime of infringing on citizens'personal information
With the rapid development of the Internet era of big data,personal information protection has become a core issue in protecting the interests of the people.In the face of the increasing surge of illegal and criminal cases related to personal information,China's criminal legislation has continuously tightened the scope of sanctions,and judicial practice has also implemented a strict punishment policy,trying to achieve effective governance of crimes against citizens'per-sonal information through purely criminal sanctions mechanisms.However,there are currently problems in China's gov-ernance of crimes against citizens'personal information,such as excessive reliance on state public power protection,strengthening the deterrent prevention of post-crime punishment in criminal law,and biased positioning of the legal bene-fits of personal information protection.This has led to the lack of pre-compliance risk prevention and control mechanisms,which is not conducive to the construction and improvement of a collaborative protection mechanism for personal informa-tion.Criminal compliance integrates the pre-compliance planning-based incentive prevention with the post-crime punish-ment-based deterrent prevention of criminal law through the risk control base point of pre-compliance crimes against citi-zens'personal information,constructing a diversified prevention and control mechanism,and enhancing the incentive mode of corporate governance.It can realize the transformation of the governance mode of crimes against citizens'person-al information.At the theoretical level,the integration of compliance planning into the governance of crimes against citi-zens'personal information conforms to the standards of possibility,necessity,and expectation.At the level of substantive law,it is necessary to add a preemptive disclaimer procedure clause for the crime of infringing citizens'personal infor-mation,give play to the crime function of administrative punishment procedure,and take the unit guilty plea as the sen-tencing leniency,giving criminal compliance the dual function of affecting the crime of infringing citizens'personal infor-mation and sentencing.At the level of procedural law,the applicable conditions for compliance of enterprises involved in crimes are strictly restricted,the system of conditional non-prosecution of unit crimes is improved,and the functions of suspension and immunity of enterprises in criminal compliance are affirmed.
crime of infringing on citizens'personal informationcompliance plancriminal complianceunit guilty plea
万方数据
维普
