Research On Criminal Law Problems Of Internet Speech Anomie

The multiple conflicts of interest in the Internet age have led to the continuous increase of new types of cyber crimes,and cyber speech crime is one of them.Different from traditional speech,online speech has the characteristics of rapid spread and concealment,so it will have greater social impact than traditional speech.Freedom of expression is a fundamental human rights the Constitution gives citizens.People in modern society have fully realized their freedom of expression through the expression of online speech.However,freedom of speech has its legal boundaries.Improper use may even turn online speech expression into a crime.Anomie expression online speech is an abuse of the right to freedom of expression.Improper remarks would infr inge national,social,personal legal interests.Therefore,it is necessary to advocate criminal regulations for Internet anomalous speech.The involvement of criminal law will inevitably squeeze the space of freedom of speech,and cause the intersection of guaranteeing freedom of speech and punishment of criminal crimes.Can the existing legal system adapt to the development trend of new Internet speech and how to reconcile the conflict between the two,Clear criminal law boundaries of online speech urgently need academic response.It briefly explained the concept of online speech,and elicited the connotation and long-lasting,concealed,and harmful characteristics of Internet anomie speech;then divided the Internet anomie speech into three categories:inciting subversion,rumor spreading,and insulting and defamatory.And summarize their respective characteristics respectively;Finally,according to the social harmfulness,the requirements of the development stage and the embodiment of the function of criminal law,the necessity of regulating the anomie speech of network by criminal law is concluded.The status quo of the system starts with criminal legislation and judicial interpretation.Criminal legislation is regulated according to the types of legal interests violated by Internet anomalous speech.Judicial interpretation filters the list according to the time order.Regarding China’s regulatory evaluation of Internet anomalous speech,although a corresponding legal system has been formed and legal compliance has been achieved in general.However,with the advancement of information technology,it has begun to show obvious lag,and it is difficult to adapt to real social development.The specific manifestations are as follows:the incrimination standards for cyber speech crimes are not clear,and the theoretical requirements are inconsistent with the actual life.Secondly,the lack of exclusive charges against cyber speech crimes has led to the escape of new types of crimes to the general terms of traditional crimes.Pocket crimes such as"illegal business crimes" are wrongly convicted;in the end,the scope of the regulation is unscientific,which is mainly manifested by improper expansion of the scope of punishment and excessive limitation of the scope of application of the provisions.Internet illegal information is a common problem in countries all over the world.Through the analysis of the current state of governance of the three typical and representative countries of the United States,the European Union and South Korea.Summarize the experience that has been obtained,and then try to find a way of criminal law governance of Internet anomalous speech based on China’s actual national conditions.Internet originated in developed countries,it is now all over the world.It has its reference value in a certain senseFacing the problem of ambiguous incrimination standards,the concept of criminal legislation should be updated first,and the theory of retribution for punishing crimes should be transferred to the theory of prevention of human rights.Legislation on Internet speech should advocate relative freedom of speech and appropriate criminalization to Keep the criminal law humble.Specifically,it is possible to further clarify the types of cyber speech crimes,modify the incrimination standards for related provisions,The introduction of the "obvious and immediate danger principle";Regarding the absence of criminal law provisions in cyber speech crimes,through the addition of general provisions,cyber speech crimes with cyber attributes that are clearly distinguished from traditional crimes can be included in the scope of criminal law,At the same time,supplementary amendments have been made to certain provisions involving speech crimes to further expand the scope of protection of criminal law;Finally,in response to the improper expansion of the scope of the penalties and the excessive limitation of the scope of application of the provisions,Judicial interpretation should be scientific and reasonable.Scientific requirements should be rigorous and objective in the interpretation of crimes related to online speech.Rationality requires that the interpretation should be proper and appropriate,and must not exceed the standards foreseen by the general public.Finally,it is emphasized that the principle of legal punishment for crimes is a principle that should be strictly followed at both the legislative level and the judicial level.It prohibits the punishment of improper punishment and exerts the complementary role of criminal law,thereby delimiting the appropriate range of punishment.