On The Legal Benefits Of The Crime Of Infringing On Citizens’ Personal Information

Due to the imperfection of the pre-law,the scope and legal interest attributes of citizens’ personal information have been in a state of ambiguity.Legal interest is the basic starting point for the study of a crime.Academics have been arguing about the legal interest of the crime.There is no uniform standard in judicial practice,and there are disputes in the handling of some cases.In 2020,the latest "Personal Information Protection Law(Draft)" was promulgated,which made a general provision on the concept of "personal information".The "Civil Code" that took effect in 2021 puts personal information and privacy rights in the same chapter for separate protection,and defines the scope of "citizens’ personal information." The promulgation of these two laws has a positive guiding significance for further clarifying the legal benefits of it.Now,the academic circles have many views on the legal interests of the crime of it.In the final analysis,it is mainly the conflict between the theory of personal legal interests and the theory of super-individual legal interests.The theory of personal legal interest has several representative views,namely,the theory of personal privacy,the theory of personal dignity and individual freedom,and the theory of the right to self-determination of personal information.The representative viewpoint of the transpersonal legal benefit theory is mainly the social management order theory.These theories all interpret the legal benefits of this crime from the perspective of individual or super-personal legal benefits.To a certain extent,it expands or limits the scope of protection of the crime,and cannot solve the problems in some judicial cases..The author believes that the legal interests of it are complex legal interests,with the right of personal information self-determination as the main legal interest and social management order as the secondary legal interest.On the one hand,it has both personal and social value attributes.When determining the protection objects of it,it is necessary to reflect the two value attributes.protection.On the other hand,from the analysis of the purpose,the purpose of normative protection is to protect citizens’ control and control over their personal information,and to maintain social management order.Based on this,it can be determined that the objects protected by it are the right to self-determination of personal information and the order of social management.