| With the rapid development of network information technology, "human flesh search" in the rise of the online world, having great affect on people’s life and work at all aspects. The "Human flesh search" has some features such as the Internet’s information dissemination efficiency, anonymity, double-sided impact and so on.There is no doubt that, the "human flesh search" has a great positive role in the extension of promoting justice, public opinion online and so on. However, the "human flesh search" towards infringement of privacy, against the direction of personal information, the network of violence, or the reality of violence and other development easier, causing great physical and psychological harm on human beings. People want to use the fast and efficient search capabilities of the "human flesh search" as well as it can run reasonably within the control of the legal order.The scholars who in favor of the "human flesh search" should be incriminated believe that "human flesh search" have a great infect on the rights of citizens,causing great harm to society. While the existing law is not sufficient to protect the rights of victims and many other reasons, it is considered to be applicable criminal law to regulate it. Scholars who oppose it believe that the penalty should not be used extremely, because it does not help to protect the freedom of speech and it go against the principles of Criminal Law. Therefore, the author study the violation of civil rights through analysis the "human flesh search" behavior penetrate deeply。On the basis of debating about whether the "human flesh search" should be convicted or not in academia,the author demonstrate the legitimacy and feasibility of the "human flesh search" incrimination. At the same time, learning the outstanding experience about foreign-related legislation, the author propose build mode and recommendations about "human flesh search". The reasonable regulation of criminal law about "human flesh search" not only to protect citizens’ legitimate rights and interests,maintain social stability and development, but also to promote the construction of China’s Internet law in standardization. |