利用App侵犯公民个人信息行为的刑事治理困境及其纾解

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中图分类号：D924 文献标识码：A D0I：10.7535/j.issn.1671-1653.2026.01.008

Abstract： In the digital era， information technology is deeply integrated with production and daily life. Mobile applications （Apps）are widely used in various fields of daily life，driving growth in social and economic benefits，while also posing significant information security risks that cannot be ignored. The problems of illegal collection and use of user information are prominent. Against the backdrop of "criminal legislation first"，the criminal law protection of citizens'personal information is somewhat inadequate，unable to efectively regulate complex and diverse types of behavior；The special attributes of Apps themselves require the criminal law to balance the relationship between information security protection and reasonable information utilization， thus posing a dilemma for criminal governance. Based on this， the criminal law must adhere to its regulatory boundaries， improve effective connections with pre-existing laws，and form a clear-layered closed-loop of joint governance in criminal enforcement； Apps themselves should also improve specific rules for information processing，reasonably set obligations for whole-process management， and combine "heteronomy" and "autonomy" to jointly regulate behaviors that infringe on citizens' personal information.

Keywords： App abuse behavior； infringement of citizens' personal information； linkage between administrative enforcement and criminal justice； privacy policy; informed consent rules；dynamic data security

近年来，伴随网络信息技术、电子商务的快速发展，公民个人信息背后所承载的价值利益与日俱增，导致窃取、交易公民个人信息的侵权乃至犯罪行为频发①。（剩余18214字）