摘要
The Personal Information Protection Law of the People’s Republic of China (hereinafter referred to as the Personal Information Protection Law) was passed on August 20, 2021, and came into effect on November 1, 2021, creating many new rules. How to incorporate the new rules into the evaluation process of the crime of infringing on citizens’ personal information in criminal law has become a new topic.
The Personal Information Protection Law of the People's Republic of China(hereinafter referred to as the Personal Information Protection Law)was passed on August 20,2021,and came into effect on November 1,2021,creating many new rules.How to incorporate the new rules into the evaluation process of the crime of infringing on citizens'personal information in criminal law has become a new topic.Our country follows the unified criminal code model,and the Personal Information Protection Law is not a substantive subsidiary criminal law.The punishment for infringement of personal information still needs to be based on the Criminal Law of the People's Republic of China(hereinafter referred to as the Criminal Law).The above background of the rule of law raises an urgent question for us.How can we realize the effective connection between the Personal Information Protection Law and the Criminal Law?It can be subdivided into many sub-topics that need to be deeply studied.For example,how can sensitive personal information be specially protected by criminal law?How can we realize the connection between illegal behavior and criminal behavior of infringing on personal information?How can consent,rational use,and handling of public information become the cause of crime in criminal law?This paper aims to solve the above problems.
作者
童云峰
Tong Yunfeng(China Institute of Legal Strategy of East China University of Political Science and Law)
基金
the phased research result of the Ministerial Law Research Subject of China Law Society, entitled Research on the Linkage Mechanism Between the Personal Information Protection Law and the Criminal Law in the Digital Era [CLS (2022) D68]。