Research On Legal Internet Speech And Its Criminal Regulation System

Network speech,as a new form of speech behavior,is mainly manifested in the expression of self-views and opinions through network platforms in response to various social phenomena.While network speech has the same attributes as traditional speech,network speech is different from traditional speech because of its feature.Compared with traditional speech,network speech has more serious social harmfulness and more extensive infringement of legal benefits because its unique characteristics.In addition,the adaptability of criminal law requires that these three aspects jointly determine the necessity of criminal regulation of network speech.Due to the extensive infringement of legal benefits of network improper speech,it is bound to cause the infringement of national legal benefits,social legal benefits and personal legal benefits.Therefore,network improper speech can be divided into three types and regulated in accordance with the manifestation of each type of infringement,so as to minimize the infringement of legal benefits.Through the analysis of the three types of regulation,it appears two problems: the imperfection of relevant legislation and the defects of judicial interpretation.The imperfection of relevant legislation on network speech crime is mainly reflected in the following aspects: firstly,the absence of exclusive accusation.That is to say,in China's existing criminal law system,the exclusive charges against network speech crimes are not enough,which leads to too much operating space of discretion in judicial practice and damages to the legitimate benefits of defendants;Secondly,the scope of the subject is narrow.If network criminals only formulate general criminal subjects,its can no longer adapt to the current development trend of criminal subjects;Thirdly,disputes over the scope of punishment.To punish network speech crime according to the regulation of traditional speech crime,it is inevitable that the scope of punishment will be inappropriate.The defects of the judicial interpretation of network speech crime are unreasonable interpretation and unclear identification criteria.These deficiencies are bound to have a huge negative impact on the judicial practice of regulating network speech crimes in China and increase the probability of wrongful convictions.In the face of inadequate regulation of online speech crime in China,the most important thing is to find corresponding countermeasures correspond specific defects.Through the elaboration of the principle of criminal regulation of network speech crime,the scope of judicial discretion is defined.Within the boundary of regulation,the author puts forward the measures to make up for the deficiency,which is based on legal evidence.In the face of the reality of inadequate regulation of network speech crime,this paper takes the principle of legality of crime and punishment,the principle of adaptability of criminal interpretation and the principle of obvious and immediate danger as the guiding cogitation.In view of the imperfect legislation,the corresponding crimes are set up to ensure the specificity,moderately expand the scope of punishment and improve the structure of the criminal subject.Aiming at the defects of judicial interpretation,this paper expounds the countermeasures of keeping modesty in criminal judicial activities and keeping veracity in criminal judicial application.Countermeasures should be taken to make up for the lack of regulation of network speech crime,reduce or even eliminate the negative effects caused by the lack of regulation,and ensure the fairness and justice of conviction and sentencing.