Research On The Regulation Of Malicious Speech In Virtual Space By Criminal Law

The Constitution gives citizens freedom of speech, but when the exercise of rights beyond the limits, the abuse of freedom of speech will lead to the regulation of criminal law. Even in the virtual space, the right to free speech is still to be exercised in accordance with the law, otherwise it will be possible to be sentenced to punishment. The newly adopted "criminal law amendment(nine)" is the first amendment to the criminal law that in the form of speech acts in a virtual space included in the adjustment range. This paper based on the analysis of several kinds of malicious speech behavior acts in virtual space, including the way of behavior, the specific content and the status quo of regulation of the criminal law. Then analysis the problems in identify the crime of malicious speech in virtual space of < judicial interpretation to some problems in the application of law in criminal cases of illegal business on the handling of the information network of slander, affray, extortion, and so on >(hereinafter referred to as the "judicial interpretation"), and then put forward to some perfect suggestions about our country criminal law on regulating the malicious speech crimes in virtual space. For the protection of the Internet Security and safeguard the orderly development of society, the regulation on malicious speech behavior in the virtual space, not only need to regulation from the criminal law, also need to regulation from many aspects of civil law and administrative law. At the same time,it should also develop the Internet industry self-regulation to promote the formation of the industry self-regulation. And we must adhere to the statutory crimes on regulation the malicious speech in virtual space by criminal law, it is also in order to achieve the modesty of criminal law.