网络“开盒”

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明确了!最高法为网络“开盒”行为定性
第一财经· 2025-08-14 08:18
Core Viewpoint - The Supreme People's Court has defined the illegal behavior of "opening boxes" online, clarifying the circumstances under which it constitutes a crime and the corresponding legal responsibilities [3][6]. Group 1: Case Overview - The case involves defendants Wu Mouhui and Chen Mouqiang, who illegally obtained personal information to defame a relative, leading to significant distress for the victim [5][6]. - Wu provided the victim's wife's ID information, while Chen purchased 1,442 pieces of personal data, including 299 related to the victim, for 13,150 yuan [6]. Group 2: Legal Implications - The court ruled that Wu was sentenced to 11 months in prison and fined 2,000 yuan, while Chen received a one-year sentence and the same fine, based on Article 253-1 of the Criminal Law [6]. - The Supreme Court's ruling provides direct guidance for determining whether "opening boxes" constitutes a crime and how to assess the severity of such actions [6][7]. Group 3: Industry Impact - The definition of "opening boxes" as a criminal act is expected to deter illegal personal information trading and encourage data protection by platforms and institutions [7]. - The ruling aims to address the challenges of personal data protection and the "opening boxes" issue, requiring collaboration from both platforms and regulatory bodies [7].