Currently the application of biological identification information in our society shows a more and more increasing tendency. Biological identification information has its own particularity and social particularity, which decides that it has an importance which is different from common personal information of citizens, so it deserves to be specially protected by criminal law. However, there is not any form of special protection about biological identification information in current criminal law of China. Substantial interpretation method could be used to sufficiently take advantage of the two miscellaneous provisions of paragraph 1, item 10 and paragraph 2, item 4 in Article 5 of "Interpretation" of Supreme People's Court and Supreme People's Procuratorate under the premise of obeying principle of legality. We could consider "violating 5 or more pieces of biological identification information" as "gravity of the circumstances", and consider "violating 50 or more pieces of biological identification information" as "especially serious circumstances". By this way could the original quantities of conviction and promotion of legal penalty about biological identification information decrease. Finally, the special protection of biological identification information could be achieved.