On The Criminal Law System Of Online Speech

The relevant legislation on cyber speech crime in our country is not perfect.First of all,the criminal law system of our country does not have the exclusive charge against the network speech crime,which leads to the law having more discretion in the process of application.It is suggested that we should learn from the legislative experience of the western developed countries to set up the exclusive charge on the network crime.Secondly,in the crime of inciting secession,the company legal person was not included in the subject of the crime,which led some units to use the Internet to carry out more serious acts of inciting secession,which were not severely punished by the criminal law.It is suggested that the corporate person be included in the subject of the crime of inciting secession;thirdly,the scope of "false information" in the crime of intentionally disseminating false information is too narrow."other false information seriously disrupting social order" is not included in the scope of its regulation,and the scope of "false information" should be expanded.Faced with the same dilemma in judicial practice,the judicial interpretation of insults and libel as "serious" "Digital clause" to determine the circumstances are serious biased;whether the judicial interpretation of "public order" including the order of cyberspace is controversial;in the judicial practice in the case of public prosecution to private prosecution "serious harm to social order and national interests" seven kinds of plot has blurred too.So,in the judicial interpretation and to adhere to the principle of legality of criminal law interpretation,adaptability principle and introduced to the United States the principle of clear and present danger,and some other necessary measures: advocating self-discipline,improve the electronic evidence rules.The Anglo American law system comparing with the relevant legislation in civil law countries,common feature Sign is guilty causes excluding liability problems in relevant criminal legislation are related to Internet service providers and network defamation;different civil law countries set up different legal punishment for defamation of public figures and ordinary citizens,common law countries to set up exclusive network libel charges.