The Research On The Criminal Responsibility Of The Blogger

Blog,the very token of the society of information,is increasingly inflecting the people'S traditional life and the model of thoughts transferring,at the same time,all kinds of bothers of law on Blog also bring new problems which we have to face to the present system of regulation,such as its juristical property,its juristical ruling and SO on.Being in the eyes of criminal law,how to react to the new situation of society of information,is a problem worthy of pOndering——while the problem of the criminal responsibility of the Blogger certainly is the key point of aJlalysis——all Of the thoughts about the criminal system are related closely to the profoundity.Based on this point,the paper,starting with the recent sentences of Italy,analyses all the problems on the views of interpretation of criminal law and principle of legislation,and then issues the opinions on the control strength and the improvements of the criminal law facing the society of information,which takes Blog as the very token,in order to finish the analysis completely within the background of China.The main part of the paper is divided into five parts.Part one is to illuminate the origin and development of Blog.As a new approach of communication,Blog is leading the tendency of the Intemet.With the proliferating of the quantity of net—citizen,the juristical arguments of the Blog are also becoming increasing radically,of which,meanwhile,civil torts and administrative violations are not still infrequent,and the crime is also on its way.The recent criminal sentences of Italy apply the best opportunity to look through it,from where derives the debation on the case.Part two is to clarify the criminal responsibility of B'.ogger on the point of interpretation of criminal law.On the base of reviewing the fundamental of interpretation of criminal law,here points out that Blog is not publication according to the analysis on the regulation of publication and the property of itself,meanwhile,the behavior of Blogger is not dangerous anteceding behavior on the base of criminal theory.And SO arrives the conclusion that the Blogger do not have the obbligtion active and can not to be punished.Part three is to discuss the criminal responsibility of Blogger on the eyes of the principle of legislation.After describing the origin,fundamental and basic connotation of the principle of legislation,here especially speaks about its value pursuing,pointing out the kemel is protecting human rights.And then affirm that because the Blogger is exerting his liberty of speech,we should not punish him,obeying the requirement of the principle of legislation.Part four is the consideration about the humility of criminal law.Starting from discussing the criminal responsibility of Blogger,here points out that facing the society of information,the criminal law should keep the proper control strength,satisfying the requests of the developments of society,in order to realize the excellence of the society of information.Part five is the consideration about the harmony of the criminal law and its improvement.Also starting from discussing the criminal responsibility of Blogger,here points out that the criminal law should realize the accuracy and the validity of the expression of information,which is meaning making the relating of basic concepts being exact and the criminal system being in line.