侵犯公民个人信息罪法益及犯罪对象之界定

The Legal Interests of the Crime of Infringing Citizens’ Personal Information and the Definition of the Criminal Target

当前我国学界对于侵犯公民个人信息罪的法益存在多种学说,个人信息权说这一折衷说占主流地位,但是实务中在运用此学说的过程中产生了一定的分歧,导致实务中对于犯罪对象的数量和性质的认定模糊不清,争议较大。应当认为对于超个人法益说的修正说具有较为清晰的界分罪与非罪的功能,并说明了个人法益与社会法益之间的关系。在近年《中华人民共和国民法典》与《个人信息保护法》出台后,采取修正说作为本罪法益能更好地做到刑法与前置法衔接,从而更好地保护公民个人信息权益,并对于刑民交叉与刑行交叉问题中确定犯罪对象起到定分止争的作用。

At present, there are many theories about the legal interests of the crime of infringement of citizens’ personal infor-mation, and this compromise theory of the right of personal information occupies the mainstream position. However, there are some differences in the process of using this theory, which leads to the ambiguity and dispute in the quantity and nature of the crime object, we can see there is a great controversy on this issue. It should be considered that the revised theory of super personal legal interest has a clear function of distinguishing crime from non-crime, and explains the relationship between individual legal interest and social legal interest. In recent years, after the promulgation of the Civil Code of the People’s Republic of China and the Personal Information Protection Law, taking the amendment theory as the legal interest of this crime can better connect the criminal law with the pre-law, so as to better protect the rights and interests of citizens’ personal information, and play a role in determining the target of the crime in the cross-crossing of the criminal and the crim-inal and the cross-crossing of the criminal.