侵犯公民个人信息罪之法益研究

Research on the Legal Interest of the Crime of Violating Citizen’s Personal Information

侵犯公民个人信息罪所保护的法益,是具有个人法益属性和独立民事权利地位的公民个人信息权。认为侵犯公民个人信息罪法益具有公共法益属性的观点,是对相关法律规定和公民个人信息权内涵的误读。刑法对个人信息权的保护,应充分尊重民法等前置法律赋予公民在个人信息上的各项具体权能,以做到个人信息法律保护问题上民事措施与刑事措施的合理衔接。

The legal interest protected by the crime of violating citizen’s personal information is the Personal Information Right,which have the nature of personality and the independent civil right status.Some theories indicates that the legal interest of the crime of violating citizen’s personal information has the nature of publicness,which is the misunderstand ing of the provision of laws and does not explained the real meaning of Personal Information Right.In order to achieve the reasonable connection between civil and criminal measures on the legal protection of personal information,Criminal Law should fully respect the specific rights and abilities that Personal Information Right has conferred by the Civil Law and other prior laws.