| Today’s society is both a network society and an information society.It has become a worldwide consensus to strengthen the protection of citizens’ personal information.In this regard,China’s legislation has also responded positively,and formed the embarrassing situation of "criminal law precedes civil law".This has led to many disputes over the crime against personal information of citizens on the theoretical and practical levels,among which the most intense is the debate on the protected legal interests of the crime.Therefore,this paper attempts to reasonably construct the legal interests of the crime,so as to analyze and solve the difficult problems in the concrete application process of the crime based on the legal interests.This paper consists of four chapters,specifically:First of all,the first chapter "raising the problem" to guide the full text,a brief summary of the research background of the crime against personal information of citizens protection interests,and through three judicial cases led to the crime of unclear protection interests in the process of specific application of disputes and problems.Secondly,as for the protection interests of the crime against personal information of citizens,the theoretical circle has debated endlessly,and formed two camps of individual legal interests and superpersonal legal interests.Among them,the theory of individual legal interests is represented by the theory of ownership,the theory of privacy,the theory of personal dignity and freedom,and the theory of self-determination of personal information.The theory of superpersonal legal interest is typical of the theory of "public right(interest)associated subject" on the retention of citizens’ personal information,information exclusive right,public information security,social information management order,and social trust of information security.However,there are flaws in the above theories and viewpoints.Chapter Two will refute the above viewpoints one by one.Thirdly,the promulgation of the two most important prelaws in the field of personal information protection lays the foundation for the determination of the protection benefits of the crime against personal information of citizens.Chapter three,through the interpretation of the "Civil Code","Personal Information Protection Law" specific provisions,proves that the protection benefits of the crime are the personal information right in the personal legal interests,and expounds the legitimacy and rationality of the theory of the right of personal information.Then it constructs the connotation of the right of personal information right to counter the criticism of the abstraction and spiritualization of the theory.Finally,the clarification of the right to personal information theory solves the questions raised by the three practical cases in the first chapter.In Chapter 4,from the perspective of the right to personal information theory,the author will explain three issues:the embodiment of the right to personal information theory by the construction of informed consent rules,the regulation path of the behavior of selling or providing personal information that has been made public,and the criminal necessity of illegal use of citizens’ personal information,as a clarification of the applicable dilemma of the crime against personal information of citizens mentioned in Chapter 1. |
