Font Size: a A A

The Analysis On The Regulation Of Criminal Law With Respect To Online Speech Anomie

Posted on:2018-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:F SuFull Text:PDF
GTID:2346330542462053Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the rapid rise of Internet technology,while it brings us convenience in daily life,many legal problems have emerged and anomie of Internet speech which causes legal consequences is a nonnegligible one of them.Freedom of speech is a legal right,however,whoever exercises it wrongfully will break the law and even commit a crime.Anomie of Internet speech has three features:concealing,instantaneity and interactivity,which makes it not only hard to regulate but also pose a high threat to our society.Criminal law is legislated for protecting our society and people.Therefore,using criminal law to regulate this phenomenon is beneficial to stabilize the society,guarantee freedom of speech and boost healthy development of Internet.In order to analyze and improve the legal regulation of network speech,to solve the dilemma of judicial legislation caused by Imperfect,especially from the criminal law point of view by normative analysis,comparative analysis and value judgment method,analysis of the status quo of network speech regulation demonstration of criminal law and the existing problems,the conduction of a comprehensive analysis from two aspects of legislation at the same time,based on the national conditions and judicial,the characteristics of our country is needed.We need to put forward some countermeasures and suggestions on the Internet speech level that the current criminal legislation should be based on the actual network timely revision of China's criminal law,and support the implementation of the relevant judicial interpretation.In order to effectively purify the network environment of speech,this plays an important role in promoting the smooth flow of public opinion and people's livelihood in the service.On this basis,it is also suggested that the application of the law in the Internet should pay more attention to the humanity,for there is no subjective intent or malice individual speech,even relatively sharp so as not to be applicable to the criminal code,and obviously hostile state power.Social system and infringement of citizens' legitimate rights and interests of network group crime lead to criminal judicial application of rigid crack,so as to promote the healthy development of the network space.
Keywords/Search Tags:Internet speech anomie, Criminal law, Legal regulation, Freedom of expression
PDF Full Text Request
Related items