Research on the Model of Full-Process Regulation of Criminal Law on Infringement of Personal Information Behaviour
In terms of regulating personal information behavior,there are obvious differences between China's pre-law and criminal law.The pre-law achieves full-process regulation by designing the rules of processing,whereas the criminal law can only punish some illegal processing of personal information.This normative pattern makes it difficult to connect the laws and creates a forgotten area of criminal law protection,which is not conducive to the comprehensive protection of personal information rights and interests.In this regard,the model of full-process criminal law regulation of personal information should be advocated,and different kinds of personal information processing behavior should be reasonably regulated through the method of applying related crimes and the method of sentencing evaluation of legal interests.Through the demonstration of theoretical dimension and normative dimension,it can verify the operability of the full-process regulation mode.The criminal law should be applied to reasonably regulate illegal collection and illegal storage to ensure the security of information processing in the early stage;apply the criminal law to accurately regulate illegal processing,illegal use and illegal circulation to ensure the security of information processing in the middle stage;and apply the criminal law to appropriately regulate illegal disclosure and illegal deletion to ensure the security of information processing in the later stage.
crime of infringing on the personal information of citizensfull-process regulationprocessingdata crimeright to be forgotten
万方数据
维普
