Research On Criminal Regulation Of Stalking

Stalking is not a new behavior.With the development of society and the development of science and technology,especially the development of Internet technology,stalking involves more and more crimes.Stalking is a kind of pathological,unusual,long-term or repetitive interference behavior for specific people.There are many behavior patterns,such as tracking,standing guard,waiting,making silent calls,and using electronic communication tools,sending messages or emails.Although stalking are not serious violations of individual freedom,they are just like acts of intimidation.They are acts that create psychological fear for the victim.In recent years,many stalking incidents in society have evolved into major crimes that endanger life and safety.Not only has the public concerned about this issue again,the administrative department has also researched and strengthened the protection function of women and children safety nets to prevent stalking.For a long time,stalking has been regarded as too illegal to be regarded as a criminal act in China's criminal law field,and there is no corresponding criminal law punishment provision.Judging from the current legal system,even if the victim is stalking and wants to seek the help of the police,the legal basis for the police to intervene is still very limited.The criminal law only intervenes if stalking has further evolved into an act of violating the person.In the opinions of the Supreme People's Court and the Supreme People's Procuratorate on the handling of criminal cases of "soft violence" in April 2019,harassment and entanglement of others or in relevant places were defined as a manifestation of soft violence,But it does not provide separate regulations for stalking behavior,but instead complies with such crimes as constituting elements of other crimes,and convicts and punishes other crimes,such as the crime of forced trade,provocation,and illegal detention,Conviction and punishment of illegal intrusion into another person's house and extortion.However,in the past two decades,countries around the world have legislated to criminalize stalking.Not only has the issue of anti-tracking become a major issue of maternal and child safety,but it also takes seriously the harm and impact of stalking on victims.In the early 1990 s,European and American nations successively established special laws for stalking.In 1990,after the girl star Rebecca Schaeffer was followed by fanatics for three years and shot dead in front of her home,California became the first country in the United States to pass the Anti-stalking Law,defining stalking as a crime.Follow-ups have also been carried out.In 1996,the federal government joined the anti-stalking law.On October 26,1999,the case of harassment by female college students in Ogawagawa on October 26,1999 was also a case of harassment first and murder later.After being harassed,the victim sought protection from the police on several occasions,but all ended without problems.He was eventually killed.After the killing,the Japanese Parliament quickly completed the Stalking Regulations Law for two thousand years,and regulated various prevention and control measures in this regard.In addition to the United States and Japan,the German criminal law of the civil law system added the stalking offence(Nachstellung)in Article 238 of the Criminal Law in2007.The behaviors to be punished not only follow and approach,but also include electronic communication.Methods of harassing others(such as making silent calls,sending e-mails),and abusing other people's names and personal data(such as shopping in the name of a victim,disseminating information on sexual transactions).Austria,which belongs to the same civil law system as Germany,also added the article 107 a Crime of Continuous Follow-up(Beharrliche Verfolgung)in 2006;the Netherlands formulated relevant provisions in Article 285 b of the Criminal Code in 2000.In addition,the United Kingdom and the United States have convicted and punished cyberstalking.More notable is the entry into force of the 2013 European Commission Convention on the Prevention and Combating of Violence against Women and Domestic Violence.The Convention is the first European regional human rights instrument to specifically address violence against women as a form of gender-based violence.In this context,it specifically requires the signatory to criminalize stalking(Article 34): The contracting party should take the necessary legislative or other measures to intentionally engage in threats against others,causing him or her to worry about his or her Safe,criminalize it.A subsequent explanatory report on the Convention explained that “threatening actions may include repeatedly following another person,having unnecessary communication with another person,or letting another person know that he or she is being observed”.Other types of behavior are mentioned in the report as examples of tracking stalking(for example,destroying someone else's property,targeting a person's pet,creating a false identity,or spreading false information online).On May 25,2016,all 28 EU member states signed the Convention,and of the 14 member states,the Convention has been ratified and entered into force.Only one EU member state,Denmark,has raised its right to make a reservation to Article 34 and chose non-criminal sanctions instead of criminal sanctions to combat stalking.This means that all other EU Member States except Denmark are obliged to adopt criminal anti-tracking provisions now or in the near future.This paper will introduce,analyze,and study the relevant legal systems and disputes of tracking stalking behaviors in the United States,the European Union,and Germany,for the reference and reference of China's future criminal law on the regulation of tracking stalking behaviors.