中圖分類號： D924；F224
文獻標識碼： A
DOI： 10.19358/j.issn.2097-1788.2023.02.005
引用格式： 蟻繼靖. 侵犯公民個人信息罪的犯罪經(jīng)濟學分析[J].網(wǎng)絡安全與數(shù)據(jù)治理，2023，42(2)：31-37.

Analysis on the crime of infringing on citizens′ personal information from the perspective of economics of crime

Abstract： Abstract： With the advent of the information age, the protection of personal information security becomes pressing. In the view of the situation of frequent occurrence of crimes of infringing on citizens′ personal information in China, this paper uses two theories of Economics of Crime, Elasticity of Demand and Cost-Benefit Analysis to research on 600 papers of sentence of the crime in 2021. The papers of sentence are collected from the website of China Judgments Online. At present, there is a certain “elastic” difference in the response of the crime of infringing on citizens′ personal information to the punishment price in legislative practice and judicial practice. The main reason for the frequent occurrence of such crimes is that the crime gains are considerable while the crime costs are small. In order to effectively govern the crimes of infringing on the personal information, we should reduce the crime gains and increase the crime costs, continue to strengthen judicial crackdown, further clarify the scope of the concept of “citizen′s personal information”, appropriately expand the criminal circle of the crime of infringing on personal information, transforming the governance from “inelastic” to “elastic”.

Key words : crime of infringing on citizens′ personal information；elasticity of demand；cost-benefit analysis