A Probe into the Legal Interests of the Crime of Infringing on Citizens' Personal Information

摘要

In the debate on the legal interests of the crime of infringing on citizens' personal information, legal interest is the starting point of judging illegality, so we take the specific legal interest protected by this crime as our first research content. In terms of research methods, our project comprehensively uses various legal research methods, such as article analysis method and document analysis method. Starting from article of law, it closely follows criminal justice cases and judicial practice, analyzes practical problems in combination with legal theory, and forms the research level of article of law - judicial practice - legal theory. The theory of the right to self-determination of citizens' information is the most admissive one because of the constitutional basis and realistic background. The right to self-determination of citizens' information is the right to control your personal information according to law and decide whether it is collected and used. But it will lead to the infinite expansion of the criminal law network, and it is difficult to rationalize the statutory punishment of the crime of infringing on citizens' personal information. In order to control the scope of the criminal law legal network, it is necessary to restrict the right to self-determination of citizen information with "identifiable information." The rationality of the statutory penalty for this crime lies in that this crime has the super-individual legal benefit (the information security and order of the society). To conclude, the crime of infringing on citizens' personal information should have both personal and supra personal legal interests.