The Criminal Law Regulation Of Speech-type Behavior That Disrupts Cyberspace Order

Cyberspace should be a subordinate concept of public space,Cyberspace definitely exists,cyberspace directly changes people’s social attributes by extending people’s communication and activity space,social rules are necessarily needed to maintain the stability of this social relationship,a cyberspace order was formed.Speech-type behavior that disrupts cyberspace order can be divided into three aspects:Involving national security,Involving social management,and Involving individuals’ rights.Speech-type behavior that disrupts cyberspace order is mainly manifested by cyber provocations,cyber defamation,and illegal cyber operations.In judicial practice,The object of the Speech-type behavior that disrupts cyberspace order is not clear.Whether it is the cyberspace order itself or the actual social order,the judgment results caused by different understandings are completely different;The quantitative standards of cyberspace order are too simple,and the standards for "click to browse" and "repost" more than 5,000 times specified in the "Explanation on Cyber Defamation" are too simple and one-sided.Does not consider the exclusion of malicious manipulation factors,the reference base for the formulation of standards is too old,and the space and time range of the number of browsing clicks and forwards are not clear enough.The combination of Speech-type behavior that disrupts cyberspace order and the crime of provoking troubles leads to an overly restrictive scope,and there is a clear risk of criminal law expansion,which can easily lead to excessive restrictions on the freedom of speech of netizens in judicial practice.The regulation of the Speech-type behavior that disrupts cyberspace order is in accordance with the theoretical basis of preventive criminal caw and the dual-core handlungsunwert.The improvement of criminal regulations for the Speech-type behavior that disrupts cyberspace order can be started from the following three aspects: The first is to strengthen the protection of the Speech-type cyberspace order in the criminal law,and amend it on the basis of traditional crimes,and increase the protection of the cyberorder separately;The second is to improve the quantitative evaluation standards of the Speech-type cyberspace order and establish a more three-dimensional evaluation system;The third is to clarify the boundary of the criminal law of Speech-type behavior that disrupts cyberspace order,requiring that the actors must be subjective and malicious,and that their actions should be immediately and immediately dangerous.Rumors involving public power should be appropriately tolerant.