Case Analysis On Extortion Of Network Paid Posts Deletion In Guangdong

With the rapid development of the Internet, the network has become an indispensable part of people’s live, the network media is becoming an important factor affecting public opinion. In this environment, a wide variety of illegal network public relations came into being in the society and has a trade of extension. It claims to be able to delete all kinds of negative online information only by paying money, and they called it "a network of crisis public relations." What is more, some people fabricate the negative topic actively and get illegal profits from it. Nowadays network paid posts deletion flooded the world, and even has formed a huge gray benefit chain. July2012, Guangdong’s first extortion of network paid posts deletion was sentenced in the City of Huazhou People’s Court. The three defendants were sentenced to imprisonment and extortion six. four and three years six months.Starting from elements of the crime of extortion theory, we combine the subjective, objective aspects and theoretical knowledge of the facts, and then analyze the case whether it is properly for the conduct to be constituted extortion. We research the fact of network honorary infringement and the characteristics of criminal acts under the network environment, and we identified the character and hazard of the network posts deletion behavior. Finally, this paper analyze the other legal issues which caused by network paid posts deletion. All the problems presented through the case reflect the lack of supervision and legal system of network in our country. This paper believes that in order to solve the problems of network paid posts deletion, we should achieve the following two points. On one hand, the network service providers must reinforce the trade supervision and strengthen their self-discipline and norm. On the other hand, we can reference the foreign legislative experience to perfect our present network paid posts deletion legal regulation on the base of existing laws in our country. Hoping this paper can provide legal basis for this kind of case in the future.