Research On The Systematic Status Of “Serious Circumstances” In Crimes Of Infringing Citizens' Personal Informatio

The advent of the information age has profoundly changed the inherent mode of social governance,and the acquisition and dissemination of personal information has become very convenient in the Internet era.However,because of the huge economic value behind personal information,crimes against citizens’ personal information have been increasing in recent years.In order to better protect the security of citizens’ personal information,China’s Amendment(VII)to the Criminal Law formally established the criminal law protection of personal information,and was subsequently amended in the Amendment(IX)to the Criminal Law,which formally introduced the crime of infringement of citizens’ personal information in the true sense,and stipulated that "aggravating circumstances" as the standard for the establishment of the crime.In order to guide the judiciary in accurately applying the "seriousness of the circumstances" in determining the crime,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizens’ Personal Information"(hereinafter referred to as the "Two High Judicial Interpretations"),which adopts an enumerative approach to The specific criteria of "seriousness of the circumstances" are stipulated,which to a certain extent alleviates the dilemma of determining "seriousness of the circumstances" in judicial practice.However,at the same time,problems such as double evaluation,lack of holistic consideration and unclear boundaries between crimes and non-crimes have also emerged in the evaluation of criminal law.The reason for this is that the traditional theory does not accurately understand the systemic status of "aggravating circumstances" in this crime,i.e.on the basis of understanding "aggravating circumstances" as an objective aspect of the crime,it also requires a comprehensive consideration of both subjective and objective aspects,which makes This makes "aggravating circumstances" too excessive in determining the crime of infringement of citizens’ personal information.This paper argues that the status of the "aggravating circumstances" system for the crime of infringing citizens’ personal information should be limited to the elements of illegal composition,which essentially reflects the degree of infringement of the legal interests of personal information by the harmful acts,stripping away the criteria for determining the status of the elements of illegal composition in the Judicial Interpretations of the Two High Courts,and making certain additions to the remaining elements that should be retained.The amendment;give full play to the important function of "aggravating circumstances" in distinguishing,scientifically and limiting this crime.This article will consist of five parts.The first part is mainly to lay the groundwork for the writing of the whole article,to make a brief overview of the basic theory of "aggravating circumstances" in our country,to elaborate on both the theoretical level and the needs of judicial practice on the crime of infringing citizens’ personal information "aggravating circumstances The second part is a review of the current status of "aggravating circumstances" for crimes against citizens’ personal information,through the understanding that the systemic status of "aggravating circumstances" for crimes against citizens’ personal information is in the objective aspect of the crime,pointing out that under such an understanding both in theory and The third part is a review of the current status of the crime of infringement of citizens’ personal information as an objective aspect of the crime.The third part of the paper is a re-choice of the systemic status of "aggravating circumstances" for crimes against citizens’ personal information,and a search for a new path after the corresponding problems cannot be solved within the existing system,indicating the position of this paper that "aggravating circumstances" for crimes against citizens’ personal information should be a constitutive element of the offence.This paper demonstrates the position that "aggravating circumstances" should be a constituent element of the offence of infringing citizens’ personal information,and justifies it from both positive and negative aspects.The fourth chapter is a clarification of what is included in"aggravating circumstances",taking the right to protection of personal information as the legal interest protected by this crime and stripping away the "previous convictions" and "subjective elements" in the Judicial Interpretations of the Two High Courts.In addition,it is suggested that the criminalization of the illegal use of personal information be increased.Chapter 5,on the basis of clarifying the status of the system of "aggravating circumstances" and the elements of wrongdoing,emphasizes its function in ensuring the logical sequence of objective before subjective in the identification of crimes,and the incrimination through legal benefits.The "aggravating circumstances" play a pivotal role in the correct determination of crimes against citizens’ personal information,and the emphasis on the subjective element as the basis will easily lead to unclear legal and moral boundaries,difficulties in the determination of crimes and arbitrary judicial discretion.The systemic status of "aggravating circumstances" as a constituent element of the offence is not only in line with the law of crime determination,but also protects the perpetrator from being punished by mere subjective malice and inner meaning,and is a relief and correction of the powerful incriminating function of the concept of substantive crime.