With the rapid development of modern network technologies and self-media technologies,the use of smart phones and computers has penetrated into every corner of society.The flourishing development of Internet technology has changed the way people live and access to information and communication.However,due to the increase in the degree of freedom of Internet speech and the lack of effective supervision measures,the Internet has gradually become a new variant of criminal crimes.Through the fast and convenient communication medium of the Internet,the influence and consequences of network criminal crimes are far greater than traditional crimes.This article will discuss the issue of the network criminal penalty system in the following sections in conjunction with the judicial interpretation and the relevant provisions of the criminal law.In the first part,the article will introduce the concept and evolution of the Internet behavior,the characteristics of the Internet and its harmfulness.In addition,the article will analyze typical cases and reflect on the rationality and application of the current criminal regulatory system.In the second part,the article will analyze the identification standards of the Internet and the elements that constitute the crime of defamation.In the third part,the article will analyze the problems existing in the criminal law.For example,the crime of network crime is unclear,the convergence between private prosecution and public prosecution is ambiguous,there is a conflict between freedom of speech and protection of legal interests,and the special protection of minors is vacant.In the fourth part,the article will propose suggestions for perfection,such as distinguishing the rules for the application of the provisions of the criminal law and establishing a special protection mechanism for minor victims. |