A Study On Some Problems Of Malignant Humanity Search In Criminal Law Regulation

With the further development of the network society, the caber manhunt is no longer a new concept. Caber manhunt is based on information through anonymous insider provides ways of data collection, to find the characters or the truth of the mass movement, is essentially a kind of neutral social activities. but,when caber manhunt broke the bottom line of the law, the lack of effective control will lead to viral spread of citizens’ personal information and privacy, even turn to more worse consequences.After analysis of the judicial practice we find that by the means of criminal law regulation of caber manhunt is very rare. One reason is limiting criminal law. The criminal law is the most severe way, we should be very careful in the criminal law, the abuse of criminal law means of regulation will not only lose the authority of criminal law, and even cause social chaos. Therefore, Involve the sensitive topics right to free speech, we still adopt conservative point of view. Besides, we are not only lack of the definition of caber manhunt in criminal law area, but also lack of the distinguish between caber manhunt and malignant caber manhunt. Caber manhunt is a sociological concept, if we can not figure out what caber manhunt is in sociological concept, we can not control it by the means of criminal law. Therefore, in this paper we need to find out the distinguish between caber manhunt and malignant caber manhunt,figure out what the criterion is, and how to control malignant caber manhunt.This article Is divided into there parts overall. Chapter one is case introduction and controversial focus analysis. In this part, author will introduce “The caber manhunt of Xu ”, “the caber manhunt of Wang”, “the caber manhunt of Jiang”, and analysis the controversial focus. The controversial focus are whether need to regulation by the criminal law, who are the criminal responsibility subject, how to determine the circumstances etc. Through the analysis of three typical case,not only helps to find out how to regulate caber manhunt in judicial practice, but also analyzed dispute focus, in order to make the relevant legal analysis in the next.Chapter two is relevant legal analysis. On the basis of the case analysis, we differentiate between caber manhunt and malignant caber manhunt in criminal law area. analysis the connotation and denotation of caber manhunt in criminal law area, clear and definite the criminal standard,confirm the accusation system of malignant caber manhunt, and distinguish malignant caber manhunt form the other criminal activities cause by that.Chapter three is suggestion of how to control malignant caber manhunt by the mean of criminal law. we ascertain that we need to regulate malignant caber manhunt by the criminal law, the author suggests that we need to distinguish different individuals in malignant caber manhunt, ascertain the object of crime the circumstances of caber manhunt, put forward some proposal of regulate malignant caber manhunt by the criminal law.