The Legal Benefit Reconstruction of the Crime of Infringing Citizens'Personal Information
To determine the protective legal interests of the crime of infringing citizens'personal informa-tion,it is necessary to analyze factors such as the nature of personal information and the constitution of the crime.The primary attributes of personal information are personal attributes,such as personal and property safety;its secondary attributes relate to broader concerns,including social order and public se-curity.To regard the protective legal interests of the crime of infringing citizens'personal information as personal legal interests will neglect the social public security value contained in the personal information,and to regard it as super-personal legal interests will neglect the primary attribute of personal nature of personal information.Therefore,simply adopting either personal or super-personal legal interests alone fails to comprehensively assess this crime.The mixed legal interest theory,which considers both personal and super-personal legal interests,can effectively evaluate the protective legal interests,and promote the standardization of judicial application.Moreover,it contributes to protect citizens'personal information in all aspects,and to exclude the infringement of citizens'personal information by undue punishment.The part of personal legal interests in mixed legal interest theory embodies the protection of human rights and interests in criminal law,while the part of super-personal legal interests embodies the protection of social public interests.The mixed legal interest theory is not a simple accumulation of personal legal in-terest and super-personal legal interest;rather,it requires a contextual analysis that considers specific factors such as the nature and quantity of infringed personal information.
万方数据
维普
