Normative Determination Of "Serious Circumstances" In Crimes Of Infringing On Citizens’ Personal Information

"Serious circumstances" as a condition for the establishment of a crime of infringing on citizens’ personal information is the threshold for judging whether an act constitutes a crime.In 2017,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued "Interpretation on Several Issues of the Law Applicable to Handling Criminal Cases of Infringement of Citizens’ Personal Information"(hereinafter referred to as the "Interpretation"),which used a comprehensive standard interpretation model to explain in detail the specific circumstances in which the circumstances were determined to be serious.However,when judging the seriousness of the circumstances according to the elements listed in the interpretation,there are problems of the tendency of the number theory,the problem of liability and preventive elements confusion,the problem of misplacing the standard of the degree of infringement of legal interests,the problem of evaluating the third party intervention factor in general,and the problem of choosing the standard of asylum as easy as possible.For how to correctly understand and apply the specific standard of seriousness of circumstances,it is necessary to discuss the legal position of seriousness of circumstances in the theory of crime conviction.Domestic scholars have formed different views on the relationship between the severity of circumstances and the scope of culpability.The main focus of the controversy involved the seriousness of the circumstances should be placed in the different aspects of the illegality and responsibility,or outside the illegality and responsibility.The main focus of the controversy also involved the specific criteria for judging the seriousness of the circumstances are based on the objective aspect or both objective and subjective aspects,so as to determine the rationality of the standard for determining the seriousness of the circumstances.Through the analysis of theoretical litigation,the theoretical positioning of serious circumstances should be based on the objective elements of illegal constitutive elements.To discuss the reasonableness of the standard for the determination of seriousness of circumstances,we should discuss it according to the connotation of seriousness of circumstances,namely the infringement of legal interests,and the nature of lawlessness,namely objectivity.The legal interests seriously infringed by the criminal circumstances of infringing citizens’ personal information should be compound personal legal interests mainly.The determination of the seriousness of the crime of infringing citizens’ personal information should be based on objectivity,and require the perpetrator to have knowledge or the possibility of knowledge.It is helpful to determine the reasonableness of determining the standard of determining the seriousness of the circumstances by the objective legal positioning of the elements of illegal constituent elements.The seriousness of the circumstances based on the objective status of the elements of illegal constituent elements requires that when measuring the identification standard,the quantitative standard should be combined with the degree of infringement of legal interests,the information types classification should be combined with the degree of infringement of legal interests,and the amount of information and the type of information are combined to determine the degree of illegality.The "serious circumstances" based on the status of objective elements of the elements of illegality require that the preventive elements,subjective elements and elements of illegal gains that do not reflect the degree of infringement of legal interests should be separated from the identification standards when determining the determination standards,so as to maintain the standardization and the legal guidance.The"severe circumstances" based on the status of objective elements of illegal elements requires that the third party’s intervention factors and the underlying circumstances should be analyzed in detail when measuring the determination standards,so as to avoid the imbalance of guilt and responsibility caused by the general application of standards.Through the above path,we can reflect on the rationality of the current plot setting,delete and modify the unreasonable plot,so as to realize the scientific and reasonable determination of the "serious circumstances" of the crime of infringing on citizens’personal information.