Research On The Legal Interest Of The Crime Of Infringing Upon Citizens’ Personal Information

The crime of infringing upon citizens’ personal information in the criminal law of China is a powerful response to the protection of personal information.However,in the case of the relevant civil legislation has not yet been constructed,this crime has attracted the criticism of " criminal law before civil law " and breaking through the modesty of criminal law.In fact,the legal interest of the crime of infringing upon citizens’ personal information can not be carried by the personal legal interests such as the right of privacy and the right of personal information.China can not directly apply the American system of great privacy and the German theory of information self-determination.From the legislative evolution of the crime of infringing upon citizens’ personal information,the social attribute of citizens’ personal information,the legal basis and other aspects,the legal interest protected by this crime is the social trust of personal information security.The social trust of personal information security,as a personal,significant and real super-personal legal interest in line with the principle of proportionality,is worthy of criminal protection.It is legitimate to define the social trust of personal information security as the legal interest of the crime of infringing upon citizens’ personal information.According to its legal interest attribute and connotation,it can provide a reasonable interpretation path for the constituent elements of the crime of infringing upon citizens’ personal information,so as to maintain the consistent modesty and rationality of the criminal law.