On The Criminal Law Cognizance Of Online Language Violence

China 's criminal law regulates online language violence mainly in the Criminal Law of the People 's Republic of China,the “Interpretation of the Supreme People 's Court and the Supreme People 's Procuratorate on Several Issues Concerning the Application of Law in Criminal Cases such as the Use of Information Networks to Implement Defamation,” and the “National People 's Congress "Decision of the Standing Committee on Safeguarding Internet Security","Internet language violence",as a behavioral nature that damages the personality of others,has the particularity given by the network attributes in terms of behavioral behavior and harmful results,and this particularity is in the existing The types of crimes are not reflected,and there is a lack of applicable standards for judging online insults and defamation in the judiciary,which has led to confusion in the judicial application of the crimes of "cyber language violence".This article believes that in addition to physical violence that causes direct physical harm to people,language can also cause indirect spiritual and psychological harm to others;it is determined that online language violence is a tort that violates the dignity of others 'personalities,so as to solve the network The qualitative problem of the behavior of language violence;online language violence takes the network as a special platform as its carrier,and its behavior is complex and diverse.In terms of its manifestation,it mainly includes online insults,online defamation,and online provocative troubles.First of all,because the term "insult" is relatively abstract in itself,this article believes that it can be reversed from the object of insult,that is,personality dignity and reputation,whether it is insulting.Whether the behavior has "openness" and whether the insult is serious is an element that distinguishes whether it constitutes an insult.The "openness" should be the result of blatantness,and the insult is serious in addition to the quantitative standards of online defamation.The victim's mental injury.At the same time,whether there is a causal relationship between the insult of participation in the network and the harmful results,it is necessary to analyze the relationship between the participation in the behavior and the harmful results and the initial behavior.Secondly,for the definition of the scope of online defamation,it is necessary to determine whether the content is false.The simple exaggerated evaluation cannot be regarded as online defamation.Some fabricated activities depend on whether the facts have been substantially modified,and the simple distribution behavior To the extent of the seriousness of the plot,at the same time,it is necessary to reasonably interpret the online defamation behavior,and it is not possible to apply quantitative standards to all machines.Finally,explain the controversy of the two types of behaviors of online provocation in judicial interpretation.It is clear that the order of cyberspace can be reasonably expanded to be interpreted as public order.Only by causing damage to the order of real space can cybercrime troubles constitute a crime of provocations,in order to solve the problem of object disputes.At the same time,in order to prevent the trend of "pocketing" o f online provocations,it is necessary to clarify the boundary between online provocations and similar behaviors.The behavior only infringes on the personal reputation of individuals and does not cause damage to public order.The conviction and punishment of the crime of defamation should not be regarded as a crime of provocation.