Analysis Of Anomie Network Speech In Criminal Law Boundary

Network speech speech as a new form, there is an essential attribute and traditional speech, also because of its publication and dissemination of the network, which is different from the traditional speech features of its own. How to effectively apply the criminal law regulation of anomie network speech interpretation of criminal law, is a realistic proposition urgent. Especially in September10,2013, jointly issued the "Supreme People’s court and the Supreme People’s Procuratorate on the handling of the use of information network implementation of libel law applicable to a number of criminal cases" after the implementation of the regulations of the criminal law interpretation, the network of speech have judicial applicable regulations clear, to combat the current anomie network speech chaos has a significant role.However, the introduction of this judicial interpretation, legal professionals and the community have questioned the voice. Before about the two high jointly issued formal legitimacy problem of judicial interpretation of criminal law has been a lot of controversy, the two network speech judicial specific provisions of judicial application on Internet speech regulations of the explanation, is the cause of hot debate. It is necessary to theoretical analysis of network speech criminal boundary, at the same time for the two network speech of judicial interpretation, judicial practice from the application angle, carding and analysis of "interpretation" generated controversy. In view of this, this paper carried out on the two network speech judicial interpretation for reflection and review, and the criminal law boundary anomie network speech analysis, analysis of the principles of regulation, finally puts forward the specific regulation path. The full text is divided into four parts:The first part is the discussion on the necessity of anomie network speech in criminal law. First of all, the definition of network speech, development and current situation of combing and analysis of anomie network speech, then summarized the characteristics of the network speech, anomie, illustrating the necessity of criminal regulation from the infringement of criminal law, the law profit and adaptability compared with traditional speech crimes more hazards in three aspects.The second part is the review of the reflective two high judicial interpretation. Two network speech judicial interpretation provisions on anomie network speech acts into specific types of crime have doubt, the author considers questionable."Regulations" intended to explain about libel, defiance and affray crime and the crime of illegal business crime into respectively review analysis.The third part is the analysis of the criminal law principle of anomie network speech. On the premise of the current criminal legislation, the criminal law principle of legality should be the requirements, combined with the conservative interpretation of criminal law, requires the reasonable limit of the constitutional rights of citizens freedom of speech and the damage degree of network speech into the penalty, regulation principle of anomie network speech of the criminal law, thus the reasonable coordination of criminal law interest relationship with protection function the function to protect liberty, to clarify the criminal law regulation of the border.The fourth part is the analysis of the specific path for the regulation of anomie network speech. Combining the two high judicial interpretation analysis of reflective review and anomie Internet speech regulations of criminal law principle in criminal law according to, within the boundaries of anomie network speech put forward legislative advice to improve and maintain the modesty of the criminal judicial activity requirements.