The Analysis Of Gravity Of The Circumstances In The Case Of Wu Infringing Upon Citizen's Private Information And Others

Gravity of the circumstances is circumstances for adjudication of crime of infringe upon citizen's private information.Theorists have many different opinions in definition and nature of circumstances for adjudication.That affects content and application of gravity of the circumstances directly.Judicial interpretation in our country doesn't have a clear and specific explanation about gravity of the circumstances,which leads to that the standards aren't accordant and the range is large when convicts actor of a crime of infringe upon citizen's private information.That affects justice and equity of our country's law.The paper analyzes the questions about gravity of the circumstances in juridical practice through Wu's case and other judicial case.And point out that gravity of the circumstances is circumstances for adjudication of crime of infringe upon citizen's private information,rather than independent constitutive elements of crime.The content of it should be understood from the aspects of quantity of information,the number of the act,the amount of profit or sells,the method of the act and dangerous consequences:(1)About quantity of information.When confirming the standard of the quantity of information which will constitute a crime,the property of information and the nature of the act should be taken into consideration.(2)About the number of the act.The number of the act and measurement standard of number should be specific.(3)About the amount of profit or sells.Base on that the economic level is different in different areas,the regulation of the amount of profits or sells should be different.And the calculation method of the amount of profit or sells should be explicit.(4)The method of the act should be stipulated defnitely.(5)About the dangerous consequences.The main types of the dangerous consequences should be definite.And the dangerous consequences should happen.When determining the nature of the act,the subjective psychological should be the main reason.Base on that the content of gravity of the circumstances is confirmed,the standards of unit and individual should be distinguished.Also solve the problems of the perception and application of the law.Base on that,the paper analyzes Wu's case and other judicial case,and finds that Wu's acts don't reach the standards of gravity of the circumstances,and his acts don't constitute crime.Ji's and Liang's acts reach the standards of gravity of the circumstances,and their acts constitute crime.