Disequilibrium Between Regulation and Criminalization to Counter Financial Misconduct: The Case of Shadow Banking in China

Gao, Simin

doi:10.1111/ablj.12102

Cited by 2 publications

(1 citation statement)

References 68 publications

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“…(Yu ZG., 2017) I believe that this classification is reasonable: for "whereabouts and trajectories", this category is added mainly to respond to the aforementioned "activity information", "whereabouts and trajectories Trajectory" is the trajectory formed by people moving at different points in time and different geographical locations. (Gao F. P., 2017) In the information age, the use of technical means through the network behavior trajectory can be easily traced to the real trajectory, in essence, is a kind of information to identify the individual, if it is separated from the specific natural person identification, the protection of pure trajectory information is meaningless. However, for "property status" information and "account password" information, they do not have identification, but are only a kind of associated personal information, which aims to protect the personal and property rights behind them.…”

Section: Cybersecurity Law: Direct or Indirect Identifiabilitymentioning

confidence: 99%

Definition of “Personal Information” in the Crime of Infringing on Citizens’ Personal Information—From the Perspective of Personal Information Protection Law

Yan

2023

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The concept of “personal information” in the crime of infringing on citizens’ personal information has always been controversial in the criminal law circle. With the promulgation of the personal information protection law, it is necessary to further analyze the definition of “personal information” in the crime of infringing on citizens’ personal information. The legal interest of the crime of infringing on citizens’ personal information is not the suprapersonal legal interest, but the personal information right in the personal legal interest. As the core content of personal information right, the essence of information self-determination right is to emphasize citizens’ personal control over information, which is in line with the legislative orientation of the new law. Around the right of information self-determination, personal information without identifiability should not belong to personal information, and the identification object of personal information should also be limited to “natural persons” to prevent the biased application of law in judicial practice.

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Section: Cybersecurity Law: Direct or Indirect Identifiabilitymentioning

confidence: 99%