Explanations Of The Criminal Law In The Network Era

Now in the Network era, the criminal law is being faced with a new challenge. With this being as a background, therefore, we should first get to know the Network media publicity, in order to have a better understanding of the criminal law, and of the new problems confronted with us, as well as new solutions. In the Introduction, the author analyses briefly the features of the network media, from the perspective of the differences between the traditional media and the network media, thus, giving us some background knowledge about the explanation of criminal law in the Network time.In Chapter 1, the author gives the introduction of this paper, with the first part introducing the basic principles of explaining the criminal law. In this part, the author makes a breakthrough by not following the stylistic rules and layout of the traditional textbooks, and centering on the logic of explaining the criminal law. To begin with, the author tells about how the legal provisions of the criminal law relate with the facts of life. The truth is that the former always comes from the latter, so to explain the criminal law in the life is what we call it reliable. Secondly, the concept thinking and the model thinking adopted in the criminal law should have our attention. In nowadays, to explain the criminal law, people should attach higher emphasis on the latter, the model thinking. After we have made various explanations of the criminal law, there is yet another problem waiting, which is linked with choosing a reasonable one. After a reasonable explanation has been singled out, then, how do the people understand and if they will accept it is another thing that really matters. Finally, the author gives a basic analysis about the division of various criminal law explanations in the modern network times.The second part of Chapter 1 is about the Game between the explanation of criminal law and the civic sense, which is discussed from a macro view. In this part, the author gives three typical network events, namely, Deng Yujiao's case, the assault on Fang Zhouzi by Xiao Jianguo, and the drunk driving case of Sun Weiming. This part mainly deals with the commonplace of the criminal law explanations in the network times. Chapter 2 analyses the case of Xu Ting from a micro perspective, which is one of the most typical cases related. After a brief introduction of this case, this paper presents us with some authentic interpretations and the most representative views of the Netizen. The former comes from the learners'interpretations and court decisions, while the latter is extracted from the forceful explanations of some big web portals.Chapter 3 is about the comparative analysis of the authentic interpretations and that of the Netizen'. Here the author mainly analyzes from four different perspectives, including goal discrepancy, trajectory discrepancy, object discrepancy and thinking model discrepancy. This kind of analysis discards the disputes about the conclusion itself, instead, it analyses from a more abstract and a more dialectical viewpoint.In Chapter 4, we discuss the deep reasons that have led to such differences between the authentic interpretations and that of the Netizen. There are altogether three reasons; firstly, the two parties have different standpoints. The second one concerns the characteristics of the China's Network itself. Thirdly, it can be attributed to the unpopularity of the wording and the insufficient argument of the judgments.Chapter 5 is the discussion about the solutions. The author offers four proposals according to the current situation, which include, first, to assert the facts of cases, ascertain common objects; second, the authorities should take on a even more positive attitude to explain; and thirdly, to enhance the guidance and monitoring of the Netizen' voice; the fourth one is to add the explanation of the judgments while in the judicial practice.Finally, we believe there remains a lot to study as to the explanation of criminal law in the Network era. And it's a consensus that we should understand and break through the emerging challenge, while we are trying to make a reasonable explanation of the criminal law in the new environment. And the challenge is the non-benign interaction between the authentic interpretations and that of the Netizen. In summation, this paper mainly talks about the above-mentioned questions, incorporating with some specific characteristics of the new era. Hopefully, it can be helpful for understanding the questions.