Research On The Criminal Law Of The Internet Violence

In today ’ s society,the use of the Internet is more and more frequent.Network brings convenience to people,but also extends the field of illegal and criminal activities.With the increase of domestic Internet users,network violence occurs frequently in this gradual process.Criminal law as a means of regulation involved in the governance of network violence,but also in recent years into the line of sight.Taking the representativeness and public awareness as the standard to extract the actual network violence samples,it can be found that the ’ network violence ’ as the research object of criminal law and criminology is actually a concept bundle,with the composite attribute of ’ network ’ and ’ violence ’.In the context of the network era,considering the complex attributes of cyber violence,cyber violence can be defined as follows : cyber violence is a new form of violence against others using the Internet,which is mainly manifested in the publication of injurious,insulting and inflammatory words,texts,pictures and videos on the Internet to achieve the purpose of personal attacks against others.From the perspective of easy governance,it can be classified as human flesh search and cyber language violence according to the forms of cyber violence.In addition to civil law,administrative law and other means of governance,in the use of network violence governance programs,criminal law gradually emerged,but the effectiveness of the current criminal regulation of network violence is not good.In the criminal regulation of human flesh search network violence,there are still some problems,such as the position of collective legal interest protection is not clear,the scope of criminal regulation of network violence is narrow,and the identification standard of the subject of crime is not clear enough.In terms of the criminal regulation of cyber-violence such as language attack,there are some problems,such as the lack of criminal law norms for targeted regulation of cyber-violence,the qualitative uncertainty of cyber-violence in individual cases,and the controversial identification of ’ serious circumstances ’ of cyber defamation.To optimize the effectiveness of criminal law in regulating network violence,it is necessary to establish the concept of limited intervention on the basis of establishing the degree of distinction.Among them,’ degree distinction ’ has the function of preventing the attack surface from being too large.’Limited intervention ’ can rationally promote the inclusion of cyber-violence with extremely serious consequences in criminal law.In terms of specific measures,the improvement of criminal regulation of human flesh search network violence can be carried out from three aspects : clarifying the scope of ’human flesh search ’ behavior that should be adjusted by criminal law,clarifying the scope of subject of responsibility for criminal regulation of ’ human flesh search ’behavior,and allowing criminal cases of ’ human flesh search ’ to be prosecuted both independently and publicly.The criminal regulation of cyber-violence of language attack can be improved by modifying the expression of criminal charges related to cyber-violence and clarifying the criteria for determining the constitution of cyber-violence.