Research On The Identification Of The Perpetrating Act Of The Crime Of Insult

Accompanied by the development of technology,we have entered the era of Internet.The Internet promotes the rapid dissemination of information and brings people a lot of convenience.However,at the same time,the blind and arbitrary dissemination of netizens is also likely to lead to the social network to become a tool that infringes on other people’s personal information,privacy and right of reputation.The most representative is the online behavior of "human-flesh search" which,in essence,is a neutral technology.However,when it causes online insults and thus leads to suicide and other serious consequences,can it be regarded as the perpetrating act of the crime of insult? From my perspective,the key lies in the judgment of the behavior itself,rather than the serious consequences.This paper will start with a typical case of "human-flesh search causing death" and focus on analyzing the perpetrating act of the crime of insult by using case study method and analogy analysis method.In order to provide theoretical reference for accurately identifying the perpetrating act of the crime of insult injudicial practice,grasping its core elements,distinguishing crime from non-crime,which gives full play to the function of criminal law to protect human rights.This paper is divided into three parts:The first part is the existing problems in the identification of the perpetrating act of the insult crime.On the one hand,from the perspective of practice,the problems in practice are summarized through typical cases,that is,the perpetrating act of the insult crime is ignored to varying degrees,and its explanation is very abstract and formalized.On the other hand,from a theoretical point of view,there is little research on this crime in the academic circle at present,and China’s "criminal law" has a high degree of generality to its provisions,making the insult act vague and difficult to define.The second part is analyzing the problems by summarizing the relevant academic research results.Firstly,it clarifies the concept of the perpetrating act of the crime of insult.Secondly,insult crime is abstract potential damage offense,so,analyzing the most critical point of its perpetrating act--"danger" is important.Therefore,this part gives three specific judgment criteria and conducts a specific analysis of this case.Thirdly,the designation of the judgment on law profit violation is the core of its“current danger”.Therefore,this paper also carries out designation of danger,which makes the judgment of danger more rigorous,and provides a feasible reference for theidentification of the perpetrating act of the crime of insult in judicial practice.The third part,based on the above analysis of the "danger" and "current danger" in perpetrating act of the insult crime,and then from the perspective of the necessary characteristics of its perpetrating act and the boundary with other behavior,puts forward some opinions on the standard of the perpetrating act of the insult crime.