Research On The Determination Of "Serious Circumstances" In The Crime Of Infringing Citizens’ Personal Information

In the information age,the degree of connection between personal information and personal and property security of citizens is getting higher and higher.The value of personal information of citizens also increases.The crackdown on the infringement of personal information and the protection of personal information are important fields of criminal justice and criminal legislation.The premise of the crime of infringing the personal information of citizens is "serious circumstances",and there are many disputes about what is "serious circumstances" in the criminal law theory and judicial practice.The article analyzes the relevant provisions of the interpretation of the applicable laws of the Supreme People’s court and the Supreme People’s Procuratorate on handling criminal cases of infringing on personal information of citizens(hereinafter referred to as the judicial interpretation of the two high schools).It is found that there are still some defects in the content of the provisions of quantity,confusion between the elements of responsibility and prevention,mistakes of repeated evaluation and the parallel mixing of elements The application priority of joint recognition is fuzzy and so on.Through sampling analysis of the effective judgment books of the crime of infringing the personal information of citizens in the Chinese judicial document network,it is found that there are some problems in judicial practice,such as the tendency of avoiding difficulties,the rough types and quantity of information and the lack of the overall logic consideration of the elements of identification.Whether the "serious circumstances" is achieved,it is necessary to judge whether the information infringed belongs to the personal information of citizens protected by this crime and whether the act infringes the legal interests protected by the crime.Through the analysis of relevant theories,on the basis of clarifying that the crime of infringing on citizens’ personal information has a new compound legal interest with multiple attributes,such as personal property,property attribute,public attribute and social attribute,the paper evaluates whether it belongs to "personal information of citizens" with the characteristics of economy and public.Through the classification method that can identify the specific subject or combine with other kinds of information,the quantity of information can be calculated by "one article" which can be specifically located on a specific subject in the meaning of criminal law.In addition,the two high judicial interpretations hold that the standard elements of "serious circumstances" are reasonable disputes,and it is necessary to analyze the status of the crime constitution system of "serious circumstances".The paper uses the hierarchical logic and quantitative thinking of the complex of the elements of the category as reference to classify the standard elements of the "serious circumstances" identification,which will separate the elements of the special identity subject and subjective malignant factors that affect the sentencing from the elements of the determination of "serious circumstances",and apply in the practical practice of the legal system according to the progressive double-layer identification rules.When the infringement of personal information of citizens occurs,the first level elements that can directly reflect the degree of infringement of legal interests are considered,namely,the type and quantity of information are judged first.If it belongs to the track information,it can be used and committed by others,and if not,it is subdivided according to the number of information combined with specific information types;only the specific information types and information quantity of the first level cannot be determined If the decision is not enough,the elements in the second level that are beyond the scope of the basic illegal range can be started to judge the extent of infringement of legal interests indirectly.Such elements should be limited to use.The profit amount should be deducted from the cost compared with the amount of illegal income.The serious consequence elements should consider the foreseeing possibility of the actor.