On December 4, 2021, the 3rd National Criminal Law Doctoral Forum was held online by the Institute of Criminal Law Sciences of Beijing Normal University. The theme of the forum was Development of Criminal Law in the Context of Modernization of Social Governance, which was organized by the Chinese Society of Criminal Law and hosted by the Institute of Criminal Law of Beijing Normal University. The forum invited renowned experts and scholars from the legal and publishing fields, including Gao Mingxuan, Zhang Yuanhuang, Liu Zhiwei, Li Hong, Zeng Yuexing, Huang Jingping, Liu Renwen, Li Xiaoming, Zhao Chi, Zheng Xi, Yin Jianfeng, Zhou Zhenjie, Yu Chong and Chen Huini, to deliver opening speeches and give guidance and comments on the papers. Seven PhD students from Southeast University Law School, including Liu Shuangyang, Qin Changsen, Ruan Chenxin, Li Ruihua, Tong Yunfeng, Liu Jiazheng and Shi Yijie, were invited to attend the conference, among which Liu Shuangyang and Qin Changsen were awarded the Excellent Paper Award of the Third National Criminal Law PhD Forum.

 The session on The Criminal Law Regime of Cybercrime was chaired by Prof. Li Hong from Tsinghua University School of Law, reviewed by Prof. Zeng Yuexing from Beijing University of Technology School of Law and Associate Prof. Yu Chong from China University of Political Science and Law. Dr. Liu Shuangyang, a doctoral student of our school, focused on the mechanism of criminalization of infringement of citizens' personal information.

 Dr. Liu Shuangyang delivered a speech titled Reasonable Handling and the Criminalization Mechanism of Infringing on Citizens' Personal Information: An Analysis from the Perspective of Personal Information that Has Been Made Public. He suggested that in judicial practice, there are a large number of typical cases of unauthorized handling (acquiring, selling or providing) personal information disclosed or passively disclosed by natural persons. In view of the special nature of the disclosed personal information itself and the complexity of the interests it carries, how to accurately evaluate such acts and clarify the boundary between crimes and non-crimes has become a pain point in the judicial application of the crime of infringing citizens' personal information under the context of the implementation of the Civil Code and the Personal Information Protection Law. The pain point and one of the difficulties in judicial application. In his opinion, on the basis of distinguishing two forms of personal information disclosed by oneself and passively disclosed, and based on the rule of implied consent of the victim and the mechanism of exemption of legitimate interests, the reasonable handling standard should be interpreted in a typological manner, so as to form a systematic and targeted mechanism for the substantive incrimination of unauthorized handling of disclosed personal information. In this module, we will discuss the mechanism of criminalization of unauthorized processing of personal information.

      In the review session of this module, Prof. Zeng Yuexing and Associate Prof. Yu Chong both gave high recognition to Liu Shuangyang's thesis. Prof. Zeng Yuexing pointed out that it was not easy for Dr. Liu Shuangyang to introduce the essence of the 26,000-word paper in 10 minutes, and then Prof. Zeng Yuexing gave a brief summary of Dr. Liu Shuangyang's paper. The focus of the article is on how to distinguish between unauthorized and reasonable processing. As a theoretical prelude, the article proposes the principle of unity of legal order to solve the problem of the interface between civil and criminal law, and argues that legal acts in the antecedent law should not constitute criminal wrongdoing, and the subsequent analysis all starts with this clue. In addition, Prof. Zeng Yuexing raised his questions to Dr. Liu Shuangyang about the superior interest protection theory and the lawful interest exemption consent rule mentioned in the article.

 Associate Professor Yu Chong suggested that the article is in line with the current situation of personal information protection and how criminal law protects citizens' personal information and how to clarify the mechanism of its criminalization in the context of continuous improvement of civil law and administrative law, and the article provides theoretical responses to the above questions.