The Criminal Law Regulation Of The Network Violence

Nowadays,internet application popularizes quickly and extend to every regard of daily life.The network violence which is the anti aspects of the internet is born to bring much bad social impact.These years,the accidents caused by network violence happened frequently. In June 2008,the 4th committee of 11th Standing Committee of the NPC of China had deliberated the motion that bringing the "human flesh search engine" into the regulation of the criminal law.It caused argues about how to regulate the network violence. Among them,the most was if the network violence can be regulated by the criminal law and the feasibility.In fact the theory of the problems like the definition of the network violence,how to constitute the network violence crime has much different opinions.And theory system of the legislation has some defects.This paper has explained the definition ,characteristics and type of the network violence. At the same time,the author makes a argument about the necessity of the criminal law regulation of the network violence and the situation if the network violence constitute a crime. Then propose my own ideas about how to regulate the network violence with the criminal law.This paper has five parts.The first part is foreword.in this part,the article had made a introduction about the reason of choosing the topic,the situation of the topic's researching and legislation,research purpose and meaning and the methods.The second part is the theoretical definition of the network violence. On the basis of giving the definition from the word meaning, definition and theoretical analysis academic of the network violence,this part had made a summary about the characteristics and type of the network violence,so that readers can have a comprehensive acknowledge about the network violence.The third part tell the investigation of the criminal law regulating of "network of violence" abroad.There are experiences that the criminal law regulating of "network of violence" in USA and South Korea.The forth part proved the necessity of the network violence regulated by the criminal law.mading a disscusion about what kind of network violence has the necessity to be considered network violent crime,from properties of violating law benefit and blaming possibility.The fifth part,the author related and analyzed criminal legislative design about the network violence.On the basis of answering some scholars' questions,the author put forward ideas about how to cognizance the criminal responsibility and to construct the acriminalchargeaccusation system.