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《刑法修正案(七)草案》再次将侵犯公民个人信息犯罪纳入修改的范围。此次修改扩大了惩治范畴,进一步规范了立法用语。但《草案》在解决部分争议、完善法条设计的同时,也衍生出条款设置不合理、处罚不当导致罪刑设置失衡、同义反复及犯罪行为规定不够全面等问题。因此,有必要对《刑法》第253条之一进行重新建构,以建立全面的侵犯公民个人信息罪刑体系。
“Criminal Law Amendment (VII) Draft” once again encroached upon the personal information of citizens crimes into the scope of the amendment. The revision expanded the scope of punishment and further regulated the legislative language. However, while the draft resolves part of the controversy and perfects the design of the law, it also gives rise to issues such as unreasonable provision of terms, improper punishment leading to imbalance of crime and punishment, repetition of allegations and incompleteness of criminal provisions. Therefore, it is necessary to reconstruct Article 253 of the Penal Code to establish a comprehensive system of crimes and offenses against the personal information of citizens.