The Theory Of Criminal Liability Of Human Flesh Search

Although "Human flesh search" is not consistent with the protection of the great situation of personality right,to human flesh search engine may also involve the infringement by the search name right, right of privacy, reputation and personality right; in recent ten years,often because some improper or illegal behavior caused high attention of Internet users,and then through the human flesh search,expose all the information, privacy and personality interests to daylight; say is part of the "human flesh search" behavior of improper or even illegal behavior of anger and blame and this is, indeed, ignoring the privacy, trample on personality network atrocities,but these negative effects brought by the human flesh search engine,can’t completely deny that human flesh search is of positive value.Human flesh search", as a kind of brand-new search phenomenon, a kind of new things, we have to admit, it can bring the positive influence to our life.lt can arouse the enthusiasm of Internet users to participate in actively, set the netizen force, in a relatively short period of time given the most value and influence of information, to achieve’ right to know and voice to achieve the purpose of the participants and eventually meet people’s information demand.In addition, it also is in violation of the social public welfare, social moral strength monitoring platform, help to promote social upright and contain the wind of the evil.If to a complete ban on human flesh search is a disguised form deprivation of citizens’ freedom of expression, speech expression of will power, so, although there are disadvantages of human flesh search engine, but never can be a total ban, kill this new phenomenon.Human flesh search also really need guidance and regulation, so that the direction of the direction conducive to people’s life, but must pay attention to methods.We really should be infringement of "human flesh search" to return system, but should be emphasized in the process of regulating the suitable methods and control mechanism, make no distinction is not harsh sentences according to the criminal law, and stopped to death.For now, although the domestic appeared because of the "human flesh search" caused by malignant events, but the overall is not serious to violate the criminal law.If all the crimes of the criminal law, on the one hand, for the citizen’s right to free speech, right to know and public opinion supervision by the citizen’s basic rights of constitutional ban and invasion, as well as to the criminal law principle of "tolerance","the principle of a legally prescribed punishment" or "not expressly for sin, law has no clear stipulation is not subject to criminal law" the violation.To outside of the criminal law on human flesh search legal regulation is more appropriate, can target the spontaneity of human flesh search behavior and moral constraints, such as civil law, administrative law, law on public security administration punishments.Most human flesh search behavior of comments and criticism on the parties, is not enough to constitute a threat to the safety of the whole society, do not have serious social harmfulness, completely can make use of civil procedures, such as actor inappropriate comments violate the reputation of others, may require the actor to undertake eliminate the effect, make an apology and compensation for losses civil liability, does not have to seek the intervention of state coercive power.