侵犯公民个人信息罪的法教义学研究

Citizens' personal information has become a prominent topic in the era of big data. The contradiction between the difficulty of protecting personal information and the necessity and importance of such protection itself has become increasingly intense. In determining the legal interests protected by this crime, it is essential to balance the conflict between the dual attributes of personal information. When understanding the phrase “in violation of the relevant state regulations”, we must uphold the principle of legality of crime and punishment to maintain the harmony and unity of the legal order. The essential attribute of “citizens' personal information” is “identifiability”, and the handling of already public personal information should adhere to the unity of subjective and objective aspects. In accordance with the Personal Information Protection Law, the scope of examination should be expanded to include “illegal use” acts; the standard for “serious circumstances” should be measured more thoroughly and comprehensively; and the legislative protection for minors should be strengthened.