关键词: 刑法修正案（九）, 公民个人信息, 违反国家有关规定

Abstract:  The frequent occurrence of personal information abuse, has damaged personal rights and democratic rights of citizens, so the Amendment (IX) to the Criminal Law makes some modifications on Crime of Infringement on Personal Information of Citizens Among them, based on dualism of law interest, “personal information of citizens” not only means personal information on the basis of citizenship in constitutional level, but also means personal information in the national and social interest; in consideration of legal order consistency, “breaking related national regulation” needs both definite provisions and general rules in laws and regulations, and thus it should be the object of formal interpretation Meanwhile, precondition of judging illegality will follow the standard of whether the citizen agrees to the usage of personal information Based on the theory of quota factors, “gravity of the circumstances” should be seen as the element of illegality The type and amount of information, the infringement outcome and subjective purpose all have influence on the crime evaluation

Key words: the Amendment (IX) to the Criminal Law, personal information of citizens, breaking related national regulation