Study On The Criminal Law Of Suicide Caused By Network Violence

At present,the extreme consequence of cyberviolence,suicide,is appearing with shocking regularity.However,China’s handling of cyberviolence cases is mainly based on the crime of insult,defamation and the crime of disclosure of personal information to conviction and sentencing.First of all,from the perspective of the infringement of legal interests,the suicide caused by Internet violence has infringed on the rights and interests of life,and the evaluation only based on the above charges does not conform to the principle of commensurate crime;Second,China’s criminal law that is generally considered to be the suicide death result and there is no causal relationship between the network violence,because suicide is the choice of free will,is a kind of abnormal intervention factors,but obviously this explanation in the actual case is not reasonable,because suicide is caused by the network violence,violence if the network does not exist,then the victim wouldn’t choose to commit suicide;Again,whether for network violence belongs to implement behavior is also the focus of the theoretical issues,the traditional criminal law theory,according to someone’s abuse,slander,insult and the spirit against the practice of not intentional injury behavior,so according to this theory,network violence cannot be regarded as the implementation of the specific provisions of criminal law behavior,but legislation harm outside think mental harm behavior can be regarded as a behavior,this paper will give reference;Finally,there are many participants in cyberviolence,so there are many controversies about who should bear the criminal responsibility.Based on the case study,this paper firstly studies the differences and connections between suicide caused by Internet violence and other suicide-related behaviors.Then from the network violence caused by suicide can constitute a crime as a starting point,focus on the network violence and suicide results of the causal relationship and network violence whether the implementation of the behavior;On the basis of the argument that constitutes a crime,this paper analyzes the conviction and sentencing of other suicide-related acts from the perspective of the nature of suicide caused by Internet violence.After the punishment is determined,the author takes joint crime as the starting point to demonstrate which subject in network violence should bear the criminal responsibility.