Criminal Analysis And Regulation Of Online Insults

The application and development of Internet profoundly change the way people live and produce.The huge world has become a "global village".People are awfully happy to forget and return in the virtual space created by the Internet.However,some chaos in cyberspace is also stirring people's peace of life and subverting people's cognition and self-feeling of a better life.People's ideal "pure land" is actually a "double-edged sword",which has the incentive to trigger the change of criminal behavior.This article focuses on the insulting behavior in cyberspace and launches criminal analysis and discussion.The article is divided into three parts:The first part is an overview of Internet insulting behavior.Inextricably involved insults in cyberspace are new forms of insult to a certain extent in traditional space.The relationship between them is never "unrelated to" but rather difficult to distinguish and different from the same.By straightening out the basic concept and legal interest protection of traditional insulting crimes,we think about the legal interests of insulting acts in cyberspace.The infiltrative development of network technology has provided new places of crime and crime space for the alienation of traditional crime.The behavior subject,behavior mode and harm result of the act of insulting in this crime space have changed greatly with traditional crimes.The second part is the standard analysis of the establishment of insulting crime by Internet insulting behavior.In the process of interweaving with information technology,the insulting crime in cyberspace still retains the essential characteristics of traditional insulting crime.When determining a crime,it should not only satisfy the constitutive elements of traditional insult crime,but also interpret and amend it on the basis of the characteristics of cyberspace.In the identification of insulting information,we should follow the principle of integrity and pay attention to the balance between freedom of speech and protection of reputation rights.In the identification of insulting information,we should follow the principle of integrity and pay attention to the balance between freedom of speech and protection of reputation rights.The two is the affirmation of the "blatant nature" of insulting behavior in cyberspace.The author suggests that it should not be simply regarded as "blatant behavior",but should combine with the characteristics of cyberspace to expand the explanation of blatant nature and properly combine the "result of blatant" to make a complete evaluation of the insulting behavior in cyberspace.The three is the determination of the "serious circumstances" of the Internet insulting act.The author suggests that the specific standards can refer to the relevant provisions of the Internet defamation interpretation,and consider the factors such as clicking,browsing,forwarding,the seriousness of the consequences,the number of acts,etc.The third part is the deep thinking about the criminal law regulation of Internet insulting behavior.Mainly from two aspects: theory and practice.at the theoretical level,it is proposed to improve the constituent elements of the crime of insult in cyberspace through the delimitation of the scope of the subject,the identification of causality and the clarity of the standard of "serious circumstances",and try to formulate a network evaluation parameter standard system that conforms to the particularity of the network and reflects the communication effect of the network crime;At the practical level,we should improve the transformation conditions of the self prosecution to the public prosecution in the cyberspace,define the related responsibilities of the network service providers' prior supervision and ex post stop,so as to try to solve the many problems of the network insulting behavior in the new era.