Criminal Determination of Infringement of Disclosed Personal Information from the Unified Perspective of Legal Order
The unity of law order is the premise and basis of judging violations.In the frequent infringement of disclosed citizens'personal information,the moderating illegal monism is more reasonable than the theory of relative illegality with the advantages of attaching importance to the application of the preceding law,advancing the time point of crime,and maintaining the modesty of the criminal law.From the perspective of unified legal order,the existing methods for judging the illegality of handling disclosed personal information are examined.The reasonable handling rules meet the requirements of the coordination of laws of various departments,but there are many problems such as ambiguity in judgment.The degree of objective openness proposes a relatively fixed judgment path for the standard,but it is difficult to avoid the rigidity of the determination caused by formalization.Based on the perspective and premise of the principle of the unity of legal order,this paper reviews different methods for judging the legality of the processing of disclosed personal information from the standpoint of alleviating the unification of illegal monism.This paper proposes a reasonable treatment method under the scenario-based legal benefit concept.Through the analysis of relevant typical cases,it introduces the special problems and the concept of the rule of law in determining the crime of infringing on citizens'personal information in practice,in order to clarify the scope of criminal law protection,the conviction path,the identification standard,and the conflict of interest and value orientation in the criminal law system.
unity of legal ordermoderating illegal monismpublicly disclosed personal informationpreliminary lawweighing of interest
万方数据
维普
