Research On Legal Issues Of Disseminating Obscene Information Under The Network Environment

With the network information technology is updated and iterated,the network social environment is changing rapidly.The Internet has long been deeply integrated into people's live.People takes advantages of network information techonology in working efficient,instant social activities,and convenient life.Meanwhile,obscene information also transmitted rapidly in the network environment.Obscene information is a unique product produced in the context of the Internet.Although it has the essential attributes and characteristic of traditional obscene items,the main body of communication is not limited to individuals,the mode of communication is not limited to peer-to-peer,and the audience is not limited to a certain group of people.The spread of obscene information on the Internet has the characteristics of strong temptation,fast transmission,and various forms.It seriously jeopardizes the public 's sexual legal interests,causes citizens to have a sense of sexual shame,damages citizens 'physical and mental health,jeopardizes social morals,and disrupts the order of the network environment..Therefore,this article takes the online dissemination of obscene information as the research object,using the law and communication theory as the research framework,we will explore and improve China's legal regulations in the field of online dissemination of obscene information,and strive to have a legal basis in the handling of cases of online dissemination of obscene information to avoid expanding criminal liability for net neutrality.Using law and communication theory as the research framework to explore and improve the transformation of China's online obscene information from peer-to-peer linear transmission to many-to-many mesh transmission is the crux of the difficulty of laws regulating the transmission of online obscene information.This article comprehensively combs the characteristics of obscene information disseminated on the Internet,and analyzes the problems of imperfect legislation,inadequate law enforcement,and unclear judicial application in China's legal governance.Focusing on the research of the relevant legal systems for the spread of online obscene information at home and abroad,in the case of Thomas Dart v.Craigslist in the United States,a hierarchical liability system was adopted to distinguish the differences between the main bodies of the communication to determine the specific crimes,so that the accountability was more accurate;the German CompuServe case In the case,a case guidance system was used to promote the formulation of German law with guiding cases to try to make up for the deficiencies in statutory law;in the Winny case in Japan,the rules of knowingly identifying the main body of obscene information dissemination were emphasized to make the prosecution of the accusation more accurate.Through the combination of theory and practice,we strive to comprehensively analyze the localization of the legal regulation of online dissemination of obscene information,and propose legal regulations from three aspects: in terms of legislation,including the subjective identification of communicator,the judgment standard of the neutral help behavior,and the classification responsibility of the communication process;in terms of administrative law enforcement,strengthening the supervision ability of the network patrol officers,and doing a good job of effectively linking government control and social self-discipline;in terms of justice,improve the case guidance system and determining the legal rank of the judicial interpretation and case guidance system.This article proposes legal regulations from three aspects: legislation,administrative law enforcement,and justice,so as to improve the legal regulations for disseminating obscene information online.