| "The seriousness of circumstance" is one of the key issues in the determination of the crime of infringing upon citizen's personal information that has led to many controversies in criminal law theory and judicial practice. A recent judicial interpretation jointly issued by the Supreme People's Court and the Supreme People's Procuratorate has adopted the mixed model of determination of "serious circumstance", which leads to a number of problems, such as the confusion about the sequence of criminal evaluation, the vagueness of inner elements of "serious circumstance", the evolution of the criminal law into a risk prevention and control law, and the tendency towards "avoiding the important and dwelling on the trivial" in the judicial determination of the crime. China should, on the basis of the distinction between illegality and responsibility, make it clear that "serious circumstance" is a constitutive element of illegality, the connotation of which should be objective facts reflecting the extent of infringement upon legal interests, and reject the elements that have nothing to do with the extent of infringement upon legal interests, such as personal danger, adverse social influence, etc. Although the amount of illegal income is an objective element, it has no necessary connection with the extent of infringement upon legal interests in the crime of infringing upon personal information and therefore should not be considered as an intrinsic element of "serious circumstance". In the information age, when defining "serious circumstance" of the crime of infringing upon personal information, it is advisable to adopt the teleological method of interpretation, so as to avoid the loopholes in criminal punishment and effectively ensure the standard supply of criminal law. |
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