Research On Criminal Law Regulation Of Human Flesh Search Behavior

In the era of rapid development of Internet and information explosion,human flesh search has replaced traditional search engines as a new way of search.The increasingly diversified human flesh search behavior has a great impact on the safety of citizens' personal information and the privacy of citizens.Because of the diversity and complexity of the means of action and the loopholes of the existing laws,the human flesh search behavior is still emerging one after another.The regulation of human flesh search behavior in China is mainly based on the construction and application of relevant laws.Except for civil and administrative fields,the regulation of human flesh search behavior in the criminal law field is mainly regulated by the crime of violating citizens' personal information.From the amendment of the criminal law(seven)to the amendment of the criminal law(nine)to the 2017,the interpretation of the law of the Supreme People's court and the Supreme People's court about the application of the law on the criminal cases of infringement of personal information of citizens in China,the criminal law of human flesh search has been constantly improved.However,there is a value balance between the freedom of civil speech and the legal interests of criminal law,which is embodied in the behavior of human flesh search,that is,the criminal regulation of human flesh search is faced with the problem of reasonable coordination of their free speech relations with citizens.At the same time,the controversy over the legal regulation of special objects has also become one of the difficulties in the criminal law regulation of the human flesh search engine.In addition,because our country's regulation of human flesh search is based on the application and construction of relevant laws,in the criminal field,the human flesh search behavior that can be regulated beyond the scope of civil tort mechanism and administrative means and extends into the field of crime is regulated by the crime of insulting,defamation and infringement of citizen personal information.Because of the complexity of the behavior of human flesh search,andthe legislative blank of the crime of infringement of personal information in criminal legislation and the field of criminal justice,there are some problems in the judicial interpretation,such as the lack of "serious plot" and the loopholes in the "serious plot",and so on.A part of the problem of cable behavior has not been well solved.Through the analysis of the status of human flesh search behavior in China's criminal law regulation and the related laws in the field of foreign personal information protection,this paper puts forward the following perfect suggestions: the criminal law regulation of human flesh search should be combined with the legal provisions of criminal law to infringe on the crime of personal information.In criminal justice,in criminal justice,the identification standard and principle of "serious plot" of personal information should be clearly defined and the behavior of infringement of personal information in human flesh search should be "multilevel" to consider its judgment standards;to fill the loopholes in the content of "serious plot";...