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Study The Criminal Law Regulation Of Internet Public Opinion Violence Of China

Posted on:2022-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhaoFull Text:PDF
GTID:2506306746995849Subject:legal
Abstract/Summary:PDF Full Text Request
Online public opinion violence is a new negative product of the Internet space,and among many cyber crimes,the harm of online public opinion violence is wide-ranging and the degree of harm is large.Online public opinion violence has the characteristics of concealment,extensiveness,rapidity,and uncontrollability,and the spread and spread of online public opinion violence will lead to the occurrence of vicious incidents,seriously infringing on citizens’ lawful rights and interests,and seriously undermining network order.Starting from the concept of online public opinion violence,this paper analyzes the problems of criminal laws and regulations on online public opinion violence by studying the main crimes and current legal provisions that currently regulate online public opinion violence in China,so as to put forward reasonable suggestions.The full text is divided into five parts:The first part is an introduction.This part expounds the background and research significance of the topic selection of this paper,evaluates various literature reviews related to this topic,and determines the research ideas,research methods,and innovation points of this paper.The second part is the basic theory of network public opinion violence,mainly around the concept and characteristics of network public opinion violence,innovative network media violence can be divided into human flesh search engine,network rumors,slander three types,respectively according to the types of network public opinion violence has analyzed our country criminal law the human flesh search,regulatory status quo of network rumors,slander.On the basis of the understanding of the current situation of regulation,the third part conducts an in-depth analysis of the problems existing in the current search for human flesh in China’s criminal laws and regulations.It is concentrated in the problems of vague extension of the information subject infringed by the search for human flesh,the incomplete way of criminal acts under the criminal law system,and the unclear provisions on illegal acquisition behavior,and puts forward clear extensions of the main body of human flesh search in response to the above problems,more comprehensively regulates the way of criminal acts,and clearly defines the suggestions for illegal acquisition behavior.Starting from the specific crimes of regulating online rumors,the fourth part mainly analyzes and argues on the three aspects of the specific crimes of online rumors,the lack of thorough provisions on the specific crimes of online rumors,the controversy over the judicial determination of new crimes,the unclear criteria for the criminalization of online rumor crimes,and the insufficient punishment of online rumors in the Criminal Law,and puts forward relevant improvement suggestions for the above problems.The fifth part is the issue of criminal law and regulations on online defamation and suggestions for improving them.Through the study of typical cases,it is analyzed that there is a lack of criminal subjects of online public relations companies and the unclear criteria for determining the serious circumstances of online defamation.In view of the above problems,this chapter proposes to increase the number of criminal entities of online public relations companies,and clarify the criteria for determining serious circumstances from the aspects of information release figures,information release platforms,and "dehydration data".
Keywords/Search Tags:Internet Public Opinion Violence, Human Flesh Research, Internet Rumors, Network Defamation, Criminal Law
PDF Full Text Request
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