侵犯公民个人信息罪个人法益之证成

The Justification of Personal Legal Interests in the Crime of Infringing Civil Personal Information

随着网络时代的到来,侵犯公民个人信息罪受到学界越来越多的关注,而学界关于本罪的法益却一直未形成统一的认识,个人法益说与超个人法益说之间争执不下。但通过分析看出,超个人法益说存在许多难以自恰的冲突,应予以排除。而个人法益说则避免了这一误区,其更符合立法及司法的精神,应确定为本罪的法益。而具体来说,在个人法益中,将本罪法益定位为个人信息权更为妥当。

With the advent of the internet age, the crime of infringing on citizens′ personal information has received more and more attention. But the academic circle has not formed a unified understanding of the legal benefits of this crime between the theory of personal legal benefit and the theory of super-personal legal benefit. However, through analysis, it can be seen that there are many conflicts in the theory of super-personal legal interest, which should be eliminated. The theory of personal legal interest avoids this misunderstanding. It is more in line with the spirit of legislation and justice and should be determined as the legal interest of the crime. Specifically, in personal legal interests, it is more appropriate to position the crime legal interests as personal information rights.