The Research On Criminal Cases Of Cyber Language Violence

The virtuality and anonymity of cyberspace make the phenomenon of cyber language violence occur frequently,and the study of cyber language violence has become a new topic of social public governance.In this paper,from the perspective of criminal filing,combined with the current actual situation,the network language violence is studied.As the beginning stage of the whole litigation activity,filing a case is the starting link of combating the crime of cyber language violence.It is the pre-procedure of investigating,prosecuting and judging cyber language violence.Only through filing a case can the case be brought into the track of criminal proceedings.However,from the actual situation,there are many difficulties in the criminal filing of online language violence in China.This paper is divided into four chapters to study the criminal filing of online language violence.The first chapter is the introduction,which mainly elaborates the background of criminal case filing of cyber language violence,analyses the current domestic research status of cyber language violence,and puts forward the purpose and significance of this study.Chapter 2,"An Overview of the Criminal Recording of cyber Language Violence" is the theoretical part,which analyses the meaning and characteristics of cyber language violence,and elaborates the connotation,function,standard and procedure of criminal filing of cyber language violence.Chapter 3 points out that there are many difficulties in the criminal filing of cyber language violence,including: the jurisdiction,conditions and supervision of filing are not applicable to the criminal filing of cyber language violence,and the criminal filing procedure itself has many defects,which make it difficult to respond to the criminal filing of cyber language violence in a timely manner.In addition,due to the lack of substantive law,it makes the criminal filing of cyber language violence difficult.The lack of uniform standards for filing criminal cases in the face of cyber language violence and the lack of attention paid by the judiciary to the cyber language violence itself make it difficult for the cyber language violence crime to be filed timely and correctly,resulting in the lack of judicial credibility.In order to better regulate the cyber language violence crime and punish the crime accurately and promptly,the fourth chapter of this article,aiming at the problems raised in the third chapter,gives the following solutions: first,we should make aqualitative analysis of the cyber language violence in substantive law,so that the filing activities can be supported by substantive law,and establish a unified filing standard;second,we should combine the spatial characteristics of the Internet to establish a cyber crime.The third is to establish a jurisdictional model with more applicability for crimes;to establish a preliminary investigation system so that the preliminary investigation activities of public security organs before filing a case can obtain legal basis and the evidence obtained can be legitimate;to include cyber language violence cases in the scope of public prosecution cases,and to provide for the rapid filing of special crimes,and to modify the filing conditions appropriately;and to improve the supervision system for criminal filing.Faced with the frequent occurrence of cyber language violence,this paper seeks to regulate cyber language violence from the perspective of criminal case filing.As a key link in opening criminal procedure and an important step in combating cyber language violence,criminal case filing plays an irreplaceable role in the process of regulating cyber language violence.Only when the case is successfully filed,can the criminal penalty be regulated,so as to achieve the goal of preventing crime and punishing crime.Based on the analysis of various academic papers,laws,regulations and judicial interpretations,this paper studies the criminal case filing of cyber language violence,points out the current predicament of criminal case filing of cyber language violence,and tries to put forward solutions in order to make our modest efforts to regulate cyber language violence and maintain social stability.