Criminal Law Regulation Of Cyber Violenc

With the progress of network technology and the rapid growth of the number of Internet users,cyberspace has become a new place for illegal and criminal activities.Cyber violence is a common type of cyber crime in recent years,which has attracted much attention from both theoretical and practical circles.This article studies the criminal law regulation of cyber violence.The main manifestations of online violence include online verbal violence,online human flesh search,and online defamation.Cyber violence has a wide range of impacts and serious harmful consequences,and only civil and administrative sanctions are not sufficient to effectively protect the legitimate rights and interests of citizens and maintain good network order.Therefore,it should be regulated by criminal law.At present,there are still certain shortcomings in the criminal law in the governance of online violence: in the area of online rumors,there are issues such as inadequate setting of charges,unclear criteria for determining crimes,and inappropriate punishment intensity and degree of harm caused by behaviors;In terms of online human flesh search,there are issues such as unclear definition of the scope of the main body,and insufficient comprehensive regulations on behavior patterns;In terms of online defamation,there are issues such as too narrow a subject range,the form of criminal offense that does not include indirect intent,and the criteria for determining "serious circumstances" are not clear enough.The above issues have affected the effectiveness of criminal law regulation of cyber violence.In response to the aforementioned research,this article proposes suggestions to strengthen the criminal law regulation of online violence from three aspects: improving the setting of charges related to online rumors and adjusting their legal penalty allocation;Incorporate human flesh search into the scope of criminal law regulation and clarify the scope of the subject;Increase the number of online public relations companies as the subject of online defamation crimes,recognize that such crimes can be controlled by an indirect intentional mentality,and further clarify the criteria for determining "serious circumstances.".