非法获取公民个人信息罪的犯罪对象研究——以“刘某某等非法获取公民个人信息案”为例.pdfVIP

Abstract Information, whose function is increasing day and night, has become important competitive strategy in today’s activities in market economy. Under this circumambience, personal information with rapid increase economy value has turned out to be economy resource, and even a commodity from which businessmen can benefit. However, behaviors that personal information is treated as commodities seriously not only violate information security of citizens, but also disrupt normal order of economy, market and society. According to Peoples Republic of China Criminal Law Amendment (seven), although serious violations of the personal information of citizens has been added into the context of criminal regulation, such as illegal sale or providing citizen’s personal information, illegal access to it, it is still difficult to find to charge someone who has committed this crime, for the reason that there is no clear definition of the personal information. This paper will focus on the case on the criminal suspect Liu, who had illegal access to personal information of citizens. Four chapters are included in this paper around 20,000 words. The first part describes the basic background of the case. At the very beginning, a thorough introduction will be presented about the cause of the action, the details or process of the action and different opinions of two defendants. And then the argument would be extracted whether gaining personal information by the locating information with cell phones is illegal or not. The second section focuses on the analysis of legal principles, which is the theoretical basis of this paper. Based on the different understandings of description of what is