The Criminal Law Regulation Of Internet-speech Anomie

In the opening Information Age, manners of information transmission has beentotally changed with the creation of network. Smaller voice of the traditional mediarelease the risk of social transformation through internet. Legal thinking are broughtby increasing social problems caused of pornography, attacks and provocations.Anomie problems of speech on the network has been discussed by many scholarsfrom different levels and aspects, but conclusions are fragmented and one-sided. Theauthor attempts to further research of criminal anomie speech problems with draftsto put forward personal views and opinions.The first chapter is mainly that the network anomie speech analyzed from asociological view belongs to a kind of social anomie phenomenon, caused by socialvalue system and social behavior disorder. According to the different content it canbe divided into two categories, speech and emotional expression, and theircharacteristics were described and illustrated.The second chapter based on the nature of the network anomie speech to furtheranalyze and demonstrate the necessity and possibility of criminal law regulation. Thefirst section demonstrates the necessity of criminal law, from the infringement oflegal interest, penalty to punish, deviant behavior and freedom restrictive fouraspects. Section2demonstrates the possibility of network anomie criminal lawregulation of speech. The social causes, its own characteristics, government management and the audience psychological reason carries on the analysis of fourdifferent angles.The third chapter discuss and analyze the judicial status quo of inciting thefission country crime, the crime of inciting subversion, incite ethnic hatred, incitingviolence against law enforcement, inciting soldiers fleeing troops, crime of terroristdeliberately spread fabricated&false information, crime of insult, crime ofdefamation, pornographic spread pornographic materials crime, divulging statesecrets crime. The judicial department tend to just regard speech problems of crimeas a criminal law issues which is limited in theory of crime constitution to analysisof the components&conviction sentencing of the behavior, but ignore theconfliction between law benefit of criminal law and the rights of free speech.The fourth chapter is about network anomie expression regulation of thecriminal law legislation. It is the logical continuation of the third chapter and putforward related practical suggestions. In principle of benefits balance, refining andclearing inciting criminal conviction standards;Interpretation of terrorist informationof crime of terrorist deliberately spread false information should be expanded,establishing the public figure principle, refined the standard of public prosecution,and moderate limiting the extent of protection of the citizen right of privacy, settingup network adults enclosed spaces in order to achieve the balance of informationexchange and the protection of minors.