侵犯公民个人信息案件侦查与防范研究

Research on the Investigation and Prevention of Cases of Infringement on Citizens’Personal Information

侵犯公民个人信息犯罪不仅侵害了公民个人的公民财产权、人身权和隐私权,还常常与电信诈骗、敲诈勒索、绑架等下游犯罪相牵连,社会危害性极大。以公安机关为主导的各部门采取了一系列措施进行防范和打击,但此类犯罪依然表现出多发态势。根据已有案件研究此类犯罪表现出的共性特征,架构起此类犯罪的产业链模型,侦查机关可以依据犯罪产业链各个环节表现出的特点,有针对性地采取侦查措施对此类犯罪实施侦查打击。此外,相关部门还应当携手联动,构建起一套多元、立体的公民信息安全防范体系以实现“打防兼备、管控有力”的目标。

Crimes of infringing on citizens’personal information not only make inroads on citizens’personal property rights,personal rights or privacy rights,but also are often involved in downstream crimes such as telecommunication fraud,extortion,kidnapping,etc.,which are extremely harmful to the society.Various departments led by public security organs have taken a series of measures to prevent and crack down them,but such crimes still show a tendency to occur more frequently.Based on the common characteristics of such crimes in existing cases,an industrial chain model of such crimes has been constructed.Investigation agencies should take targeted investigative measures against such crimes based on the characteristics of each link in the criminal industrial chain.In addition,relevant departments should also take action hand-in-hand to build a diversified and three-dimensional citizen information security prevention system to achieve"attack and defense in one,management and control in action".