A Probe Into The "Serious Circumstances" Of The Crime Of Infringing Citizens’ Personal Information

Since the crime of infringing on citizens’ personal information was sentenced,domestic attention to the protection of personal information has increased significantly,but the legal norms have not stated the incriminating conditions for the“serious circumstances” of the crime.In order to make the determination of the crime more practicable,the "two highs" formulated a judicial interpretation to clarify the specific circumstances of the "serious circumstances".But the reality is that for the determination of infringement of citizens’ personal information,there are problems in legislation such as unclear positioning of legal interests,unreasonable constituent elements,and unscientific information classification.In judicial practice,there is a lack of overall thinking,the function of information classification is blurred,and the sentence is sentenced.Problems such as imbalance have directly affected the punishment of this crime.The reason is that,on the one hand,the legislative and judicial understanding of the legal benefits of this crime is inaccurate,although they have a certain understanding of the increasing social harm,and they also regulate the actual situation frequently in action,although it has expanded The awareness of the scope of regulation,but did not break through the traditional personal legal benefits at all,but caused a conflict between the expression of the clause and the positioning of "serious circumstances".In fact,with the development of a smart information society,the risk of citizens’ personal information being infringed has increased,and its influence has gradually expanded to the public domain.The infringement of citizens’ personal information not only infringes on the personal rights and property rights of individuals,but also It also infringes upon the order of public management and the security of public information.Therefore,the crime has the dual attributes of personal legal benefits and super-personal legal benefits.It should be noted that when the crime is determined,personal legal benefits should be the main and super-personal legal benefits supplemented..On the other hand,the "identification + activity situation" standard adopted by the legislation for the definition of citizens’ personal information is also inconsistent with the trend of expanding the legal benefits of the crime.In theory,the development of modern information technology can break through most of the identification problems.Therefore,The identity recognition method should be given a broader meaning,using direct recognition and indirect recognition as methods,and including the personal information that can be recognized by existing information technology into the category of citizens’ personal information,that is,adopt the broadest understanding.On this basis,the citizens’ personal information is divided according to the level of risk,and the method of “identification + relevance” is used to form the types of citizens’ personal information with the degree of risk from high to low,and different types of citizens’ personal information are adopted.In order to achieve a reasonable distribution of judicial resources.After clarifying the connotation and denotation of citizens’ personal information and the legal benefits of the crime of infringing on citizens’ personal information,this article understands "serious circumstances" as an element of illegality,as when the behavior meets other elements,and then evaluates the objective facts of the case as a whole.The "quantitative" evaluation of the degree of infringement of the legal interest of the act.Along this line of thinking,the elements of illegal income in judicial interpretation and the subjective elements that reflect the criminal record,know or should know the inner state of the crime should be excluded from the elements that evaluate the seriousness of the circumstances.In this way,a reasonable combination of identified elements can be formed.status.Finally,it brings the perspective back to judicial practice and responds to how to correctly identify the "serious circumstances" of the crime.First of all,on the basis of insisting on the division method of "identification + relevance",correctly grasp the judgment standard of recognizability and relevance itself.The former emphasizes the recognition of citizens’ personal information by "general caring people" as a judgment case.The standards concerning whether the personal information of citizens can be identified;the latter emphasizes that the general public’s cognition should be used as the standard,combined with the personal sensitive information listed in the legislation of various domestic departments to determine the general scope.Then,using the legal interest of the crime as the guide to grasp the application of the "serious circumstances" clause,the focus is on the determination of the quantity;finally,the "single + overall" determination model is adopted to flexibly grasp the determination of the "serious circumstances" according to the circumstances of the case.