个人信息保护中行政罚款制度研究OACHSSCD

The Personal Information Protection Law validates the administrative fines system in the protection of personal information.As a typical form of administrative penalty,the system of administrative fines plays an important role in education and punishment of illegal handling of personal information in the field of personal information protection.However,there are still many problems in the administrative fines system for personal information protection,among which the unclear subject,the unclear standard of the amount of fines and the lack of supervision are particularly outstanding.In order to resolve these problems existing in the administrative fines system in the personal information protection mentioned above,the subject of the administrative fines system in the personal information protection and its rights and responsibilities are clarified in order to implement the overall supervision function of the Cyberspace Administration Office and clearly define the jurisdiction of the relevant authorities.And the standard for fining and discretion benchmark of the administrative fines system in personal information protection are established in order to form new implementation rules for personal information protection administrative fines for reference.Then the"compliance reduction"rule and the flexible law enforcement rule of administrative fines in personal information protection are constructed.Finally,by setting up the hearing procedure and perfecting the supervision and management system of administrative fines for personal information protection,the legitimate rights and interests of illegal enterprises are guaranteed,and the prosperity and development of social economy are promoted in order to realize the legislative purpose of personal information security.