盗用个人信息行为的违法性及其法律责任论析——对“罗彩霞案”的信息法解读

On the Analysis with the Unlawful Act and Its Legal Responsibility for Personal Information by Focusing on "Luo Caixia Case"

盗用个人信息的行为在中国已经十分普遍并正在肆虐全球。由名列中国"2009年十大影响性诉讼"之一的"罗彩霞案"所引发的基本问题可以被概括为,应当如何确认盗用个人信息行为的违法性及全面确认其法律责任问题。盗用个人信息行为侵犯了受宪法保护的人格尊严和自由,也侵犯了公民的人身权和财产权,破坏了社会诚信体系,应当依法追究其民事、行政和刑事责任,从而建构起我国惩戒盗用个人信息行为的法律责任体系。

Theft of personal information has been very common in China and is ravaging in the world. The ＂Luo Caixia Case＂ ranked China ＂Top Ten Influential litigation in 2009＂ caused by the problem can be summarized as the illegal theft of personal information acts, how it should be recognized and their full recognition of their legal obligations. Theft of per- sonal information acts violation of constitutionally protected human dignity and freedom and the citizens＇personal rights and property rights, and to destruct the social credit system. It should be investigated for its civil, administrative and criminal responsibility so as to construct the liability system of disciplinary theft of personal information acts.