Criminal Law Analysis Of Internet Insults

Recently,the "human flesh search death case" has triggered a discussion on online insults.There are obvious differences between the insulting acts in the network and the traditional insulting crimes in the aspects of evidence collection,harmful dissemination,behavior mode,subject composition and harmful consequences,but the criminal law does not clearly regulate the insulting acts on the network.Starting from the discussion of human flesh search cases,this paper analyses the criminal law issues related to cyber insults.The first part is an overview of cyber insults.Starting from a case study of human flesh search,this paper finds out some existing problems of online insults.Starting with the problems,this paper discusses the related concepts of cyber insult,including the provisions of the current criminal law,and analyses the basic concepts of the crime of insult and the protection of legal interests.After analysis,the author believes that the protection of legal interests of the crime of insult is the right of reputation,while the right of personality is the basic right of human beings,and the personal property or public order of citizens is the condition for the establishment of the crime rather than the object of illegal interests.Secondly,the right of reputation is similar to the right of privacy.For online insults,the disclosure of pure private information through the network is also a damage to the right of reputation of citizens.Finally,the author thinks that the content of the right of reputation should only refer to the damage to external reputation.The second part discusses the normative characteristics of cyber insults.The main characteristics of cyber insult are "insult","openness" and "seriousness".This part focuses on these three aspects.The first is to discuss the "insulting" aspect of online insults.Among them,the author believes that there is no violent way in cyber insult.On the basis of objective criterion theory,the author distinguishes reasonable evaluation behavior from insinuation insult,and in judicature,we should follow certain principles when recognizing insult in order to avoid the problem of different criteria.As for the definition of online insulting speech,the author thinks that insulting behavior includes disclosure of other people's privacy facts by comparing legislative cases.The "insulting" of cyber insults is embodied in publishing,forwarding and commenting.The second is to identify the "openness" of network insults.Discusses the controversial focus and specific meaning of the "openness" of cyber insult,distinguishes the openness of behavior and result,and considers that the requirement of this crime is the openness of behavior.To identify the problems in the "openness" of cyber insults,this paper proposes a revised interpretation of "openness" based on the "communicative theory".Finally,the "seriousness" of network insults is identified.This paper discusses the existing problems of the "seriousness" of network insults,and puts forward some reference standards to identify the "seriousness" of network insults.The third part discusses the types of online insults.There are three types of cyber insult,namely,the publication of cyber insult speech,the dissemination of insult speech and the objective dereliction of duty of cyber service providers.In the behavior of publishing insulting speech on the internet,the behavior of individual publishing insulting speech,the behavior of media publishing insulting speech and the behavior of organizing others to publish insulting speech are discussed respectively.The dissemination of insulting speech can be divided into the reprinting of insulting speech and the commenting of insulting speech.Finally,for the objective dereliction of duty of network service providers in network insults,this paper analyses the management responsibility of network service providers under three criminal modes,and proposes to use the "red flag standard" to judge whether the website is "aware" of the existence of infringement facts so as to define the scope of liability.The fourth part is about the analysis of other specific problems of network insults.First of all,the author advocates that the scope of protection of the right of reputation of "public figures" should be limited,the concept of "public figures" should be defined,and whether the right of reputation should be equally protected as well as the scope of identification of public figures should be analyzed,and with the help of the principle of "actual malice",insulting statements involving public figures should be identified.Secondly,the standard identification of endangering the national order and social interests,which involves the plight of transferring private prosecution to public prosecution of cyber insult crime,should improve the conditions of public prosecution that endangers the national order and social interests,and moderately change some cases of private prosecution to public prosecution.Finally,it analyses the demarcation between insulting acts and related criminal acts under the network environment.It includes the distinction between the act of Disseminating Obscene materials,compulsory indecent and insulting acts,and the act of provoking trouble on the internet.Through the identification of this crime and that crime,we can have a deeper understanding of online insulting acts.