The Criminal Law Regulation Of The Human Flesh Search

Chinese style internet man hunt comes from and develops in our country.Using modern network， particular web search platform. By the main bodyparticipation to a specific persons information collection, publishing, post comments,this go round and begin again, move in circle.It embodies the features of secretcomplex of its main body, High transmission rate, soft violence means andcomplex behavior. Its broad extension including moral condemnation, expose,relief，media hype and other different types. Starting from the date of birth，Usingthe criminal law to regulate it is controversial. Positive analysis from the limitationsof private relief、adaptive principle and citizen’s personal information protection, etc.The negative point of view analysis from infringing upon the citizen’s personalityright, perfect laws and regulations, and the crime of human flesh search into the lackof independent into space,and It is too much emphasis on freedom, no comprehensivegrasp the characteristics of its behavior. Using the criminal law to regulate it will facethe conflict between free speech right, supervision right and privacy right, reputationright and concrete personality right, the value of freedom and order. Reasonableunderstanding and grasp the relationship between the valuable is the key to deal withthe problem.Some behaviors of human flesh search has serious social harmfulness, it seriouslyviolated citizen’s spiritual personality right, especially the dignity of mentalpersonality right. It seriously disrupts social management order. It has a deservedpunishment at the same time, so it is very necessary to use criminal law to regulate it.The subject, who can determine, the consequences can be measured, so using thecriminal law to regulate it is feasible. The improvement of the reasonable way to usecriminal law to regulate the human flesh search is that on the basis of judicialinterpretation one stage1of issue253of the criminal law of criminal subject, throughlegislation to modify the objective aspects of stage1of issue253of criminal lawreasonably. The important thing after legislative changes is to clear the applicationspecific. Mainly the originator, post comments, information providers, perpetrators aswell as the network operator specific tort shall be clearly defined.