| 英文摘要 |
In the era of digital economy, the increasing demand for information protection has become the core legal interest in the study of the crime of infringing on citizens’ personal information. Reasonably defining the behavioral boundaries of information utilization and protection to achieve internal and external consistency of formal logic and value logic has become the focus of research on the crime of infringing on citizens’ personal information. Compared with the traditional interpretation theory of criminal law, the functionalist view of criminal law unblocks the interaction channel between the criminal law system and criminal policy, seriously examines the judicial interpretation category composed of criminal elements, substantively promotes the integration and discipline of the logical self consistency of legal dogmatics and public values, and then actively and effectively responds to the value demands of social Pragmatism, breaking the shackles of the internal perspective of legal dogmatics on the examination of crimes against citizens’ personal information, Providing imaginative space for limiting or expanding the purposive interpretation of criminal law concepts. In order to break the "Leviathan" dilemma of information utilization and protection, based on the investigation of the applicability of the functionalist view of criminal law, and around the basic dimensions of the dilemma of the legal interests of public citizens’ personal information, the inspection of the legal interests of the crime of infringing citizens’ personal information, and the determination of the legal interests of information acts under the boundary of punishment, this paper deeply discusses the legal value of the crime of infringing citizens’ personal information, and demonstrates the judicial deviation between the actual and the expected state of the protection of legal interests. Based on this, under the premise of giving consideration to the strictness and openness of the criminal law system, and combining the practical value demands of functionalism, the "trinity framework" of the reflective analysis of judicial discretion should be and is, the system structure of personal information nested Protected mode, and the system construction orientation of personal information protection compliance should be shaped, and the causal link of a legally prescribed crime and punishment should be carefully discussed, Relying on functionalist methodology to deepen the rule of the legal interest of this crime, we aim to provide a clear picture for improving the conceptual interpretation and adaptive adjustment of the crime of infringing on citizens’ personal information. |
