Study On The Identification Of "Serious Circumstances" In The Crime Of Infringing Citizens' Personal Information

"Serious circumstances" are one of the important conditions in the crime "infringing citizens personal information".However,due to the unclear protection of the legal benefits,the unclear definition of citizen personal information and the lack of clarification of the status of "serious circumstances",there are still many problems in judicial practice.Through the analysis of the judgments from 2010 to 2019,I find that there are large differences in judicial practice: the number of determinations is rough,the reason is unclear.Especially in the era of big data,the crime has shown a great tendency to expand.In order to solve these problems,I try to determine the "personal information of citizens" in the sense of criminal law based on the identifiability,economy quality and publicity quality.After clarifying the status of "serious circumstances" in the criminal constitution system based on the "composite theory of constituent elements of class",a two-step identification standard of "serious circumstances" was established.In this standard,the first step is to identify "personal information",which are mainly divided into three categories: unique information,validity information and sharing information.The identifiability,economic value and public value are used to determine whether the information belongs to "one personal information " or "several personal information".When determining "serious circumstances",the first elements to consider is the amount of information and the type of information.Only when the two are insufficient,the elements beyond the scope of the basic unlawful domain are initiated for identification.At the same time,we must stick to the principle of complementarity,comprehensiveness,discretion and case difference,and accurately grasp the degree of "serious situation " in order to achieve a balance between free flow of information and effective control of information.