Criminal Law Applies In Cyber Violence Against Individuals

In Internet virtual platform related technology gradually mature now,we have entered a virtual society and real society exists at the same time of "double space society" structure system,virtual network society and traditional reality society in essence different will bring many legal problems,for the new form of network illegal behavior,although in the civil and administrative legal regulation has a relatively independent system and countermeasures,but due to the characteristics of the criminal law itself and the complexity of the case,lead to the legal regulation in the criminal law there are still certain deficiencies and can be improved.How to deal with the illegal network violence against individuals that will inevitably evolve under the system is particularly critical.This paper first discusses how to define the word "network violence",and in the "violence" specifically explained the meaning,think network violence is published on the Internet insulting,defamatory or suggestive speech(text or other media),or human flesh gather together information and disclosure,serious infringement of the personal information,reputation rights and interests,causing the spirit of public opinion oppression,affect its normal life,production and operation of illegal or criminal behavior.And under the framework of "double space society" theory,the classification of personal network violence,mainly divided into human flesh search network violence,defamation,insult network violence and harassment network violence,this paper puts forward the harassment of network violence this new classification concept to complete the classification of network violence,and as the main part of the criminal law applied in this paper.As the main content of this article,first discusses the harassment class network violence specific connotation concept,namely in the network virtual space platform,the perpetrators of unspecified victims sustained complex behavior,including but not limited to intimidation,threats,tracking,malicious message,etc.,enough to make the victim into fear anxiety and even mental trauma,to the network life and real life will cause huge impact of behavior.Then for harassment of network violence punishment regulations,the necessity of punishment legitimacy,the existing problems and solve strategies to explore,and think in not completely for the harassment of network violence set up by the criminal law,in the form of mental injury to the inclusion of "intentional injury" in the crime of regulation is the most appropriate,this paper from the subject,subjective,object,objective four aspects of "intentional injury" and harassment of network violence,and in causality and mental injury stratification of the two charges adaptation on the key issues.The next is to explore the application of the other three kinds of network violence,the first is the human flesh search network violence,the author believes that the following two problems:(1)the identification of criminal subjects and(2)the classified protection of personal information,this paper discussed the causes of these problems,give specific solutions.In the case of defamation and insult,there are mainly the following two problems in the application of the criminal law:(1)the threshold of the crime is not clear;(2)the traditional private prosecution attribute of defamation and insult is difficult to match with its network characteristics.This paper also analyzes the data under the network social networking platform and summarizes them,and discusses and gives the corresponding solutions.