Journal of Northeastern University(Social Science) ›› 2019, Vol. 21 ›› Issue (2): 180-186.DOI: 10.15936/j.cnki.1008-3758.2019.02.010

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“Guangdong Human Flesh Search Case No.1” Reinterpretation ——From the Perspective of the Crime of Violating Citizens' Personal Information

JIANG Hai-yang   

  1. (Law School, Peking University, Beijing 100871, China)
  • Received:2018-06-05 Revised:2018-06-05 Online:2019-03-25 Published:2019-03-22
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Abstract: With the emergence of the crime of violating citizens' personal information and the promulgation of relevant judicial interpretation, the original “Guangdong Human Flesh Search Case No.1” should be reinterpreted. According to the definition of the connotation of “personal information”, “video screenshot” is, without controversy, deemed as personal information. Uploading “video screenshot” to Weibo can be considered as “providing” personal information to an unspecified person. Since the victim has committed suicide, the act of uploading “video screenshot” by the actor can be classified as a “specially serious” case of the crime of violating citizens' personal information, which has theoretical consistency. The act of uploading “video screenshot” by the actor shall be punished in accordance with the principle of imaginary competition and cooperation, and this case shall be defined as the crime of violating citizens' personal information.

Key words: human flesh search, personal information, the objective imputation, the crime of violating cltizen's personal information

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