Research On The Criminal Law Of Mass Events On The Internet

The current development of Internet mass incidents is characterized by ever-increasing numbers,enhanced organization and better online and offline connectivity.It can be found by reviewing typical cases and the academic literature that the present research of Internet mass incidents is still lagging in Criminal Law study.In accordance with the problems identified in the current development of Internet mass incidents and the current research,the purpose of this paper is to provide a consistent theoretical basis for the regulation of Internet mass incidents in the science of Criminal Law.First,it is possible to regulate the Internet mass incidents through Criminal Law science.In the era of the Internet,the Internet mass incidents and the mass incidents in the real world are two parallel concepts,both of which are under the subject of mass incidents.Therefore,regulations about mass incidents should be applied to Internet mass incidents by extending the interpretation of it.Meanwhile,the Internet mass incidents are double functional with both positive function and a negative one,which is the prerequisite to distinguish lawbreaking and crime-committing.China now has already had the judicial experience to inspect Internet mass incidents.However,it still needs to specify the understanding of relevant laws,for example,the problem of differentiating the posting behavior and forwarding behavior.The author believes that the explanation of posting behavior should be narrowed,referring to the posting behavior at the very beginning;and the explanation of forwarding behavior should be extended to include cross-platform posting.Secondly,Criminal Law regulation of Internet mass incidents is supposed to develop a comprehensive guide of the view of Criminal Law.This paper puts forward the positive sense of Criminal Law as the main view supported by a negative sense of criminal law.Implementation of the positive sense of Criminal Law is possible.First,the guidance of the positive sense of Criminal Law can enable Criminal Law to be incorporated into Internet mass incidents and contain the trend of the high occurrence of Internet mass incidents.Secondly,this does not go against the fundamental Principle of the Modesty of Criminal Law.The establishment of a positive sense of Criminal Law is a requirement to protect the order of cyberspace and the legal interest of Internet information security,as well as a clear requirement by Criminal Law.In this regard,this paper claims that the triggering of Internet mass incidents shall beincluded as one of the evaluation elements of the social harm of criminal behavior.A specific manifestation of a positive sense of Criminal Law is the selective intervention in the prevention phase of Internet mass incidents,i.e.,preventive punishment for such preparatory acts of the leaders,organizers,initiators and other primary criminals who may cause Internet mass incidents.As for the judging criteria for active participants in Internet mass incidents,this paper agrees with the "the theory of determination by the participation degree",i.e.,the identification of active participants in a mass crime should take into account not only the effect of the perpetrator's actions on a criminal act,but also the severity of the subjective malignancy of the perpetrator in the mass crime and the degree of the personal danger.However,the role of the negative sense of Criminal Law cannot be ignored either.The negative sense of Criminal Law can give way to the advancement of cyberspace.The combination of a positive sense of Criminal Law and a negative sense of Criminal Law can guarantee Criminal Law governance for Internet mass incidents.Third,addressing Internet mass incidents should focus on distinguishing its legal nature,and emphasize the responsibilities and obligations of network operators while managing the illegal Internet mass incidents.The key to making the distinction between crime and non-crime is to identify the Internet mass behavior and its consequences.It is particularly important to emphasize that Criminal Law 's regulation toward the Internet mass incidents only involves violent crimes that will seriously endanger individuals or social interests.At last,Internet mass incidents are implemented into specific crime types.This paper classifies them into two main groups of victims group crime and participants group crime.Typical victims group crimes include crowd-based Internet economic crimes and crimes against citizens' private information.Types of participants group crimes include crimes of soft violence committed by online evil forces,public duty-related crimes,online crimes of public unfair competition and online crimes of public rumor.Internet mass incidents play a vital role in each of these Internet crimes.