Research On The Determination Of Criminal Responsibility For Suicide Caused By "cyber Violence

With the development of the Internet,public expression is more free and convenient.In recent years,incidents that have aroused public concern,such as "the suicide of a female doctor in Deyang by Internet violence" and "the suicide of Liu Xuezhou by Internet violence",all show the great destructive power of Internet violence.There are frequent cases of suicide and death caused by cyber violence,but the judicial organs have an unreasonable identification of the criminal responsibility of the relevant subjects,and have not fully evaluated the cyber violence of the perpetrators,resulting in the legal interests of the victims have not been effectively protected.In this regard,we should explore the root cause of the weak application of relevant laws,and on the basis of the basic principles of protection law interests,on the basis of the current criminal law,expand the connotation of the existing charges related to cyber violence,so as to accommodate different acts of cyber violence,and explore a new path to identify the criminal responsibility of cyber violence resulting in suicide.The text is divided into four parts:The first part is " summary of suicidal death caused by network violence ".Firstly,the concept of cyber violence is defined,and the characteristics of cyber violence are analyzed.Cyber violence has the characteristics of group,bullying and serious social harm.Secondly,it combs the behavior pattern of cyber violence,summarizes the types of cyber violence,and analyzes the participants of cyber violence cases.Finally,it analyzes the connotation of cyber violence causing suicide death,and classifies different cyber violence causing suicide death based on the behavior types of cyber violence.By comparing cyber violence with physical(traditional)violence,it is concluded that cyber violence actually belongs to the category of violence,and cyber violence belongs to the scene migration of physical violence which takes the network as the field or the Internet and computer as the carrier.It is concluded that network violence crime can be applied to the same criminal law as physical violence crime.The second part is the determination of causality of suicide and death caused by network violence.First of all,the causal relationship theory is sorted out,and the dangerous realistic theory is selected to demonstrate the causal relationship between network violence and suicide death.Secondly,suicide in an ideal state is based on free will,but the victim commits suicide after encountering serious cyber violence.Due to the bullying and coercive nature of cyber violence,the victim’s free will is seriously disturbed at this time,and it is not completely out of free will.The victim’s suicide behavior as an intervention factor is not abnormal.Cyber violence and suicide behaviors led to the death of the victim,and the contribution of cyber violence was greater.Finally,from the perspective of imputation,it is obviously unreasonable to attribute the result of the victim’s death only to the victim because the cyber violence initiated by the perpetrator has blocked the causal relationship according to the traditional theory.Therefore,there is a causal relationship between network violence and suicide death of victims in criminal law.The third part "network violence to suicide death charge identification".The purpose of the criminal law is to protect the interests.The crime of insult or slander stipulated in Article 246 of the Criminal law is only to protect the victim’s personal dignity and reputation,but the perpetrator of cyber violence actually carries out different kinds of cyber violence,which not only infringes the victim’s reputation,but also infringes the victim’s right to life and health.If the punishment is imposed solely on the crime of insult or libel,it is not enough to fully protect the legal interests of the victim.In the process of identifying the criminal responsibility for the suicide death caused by cyber violence,those who cause the suicide death of the victim in different ways of cyber violence will be punished with the corresponding crime under the premise of the conformity of constitutive elements.The fourth part is "the identification of criminal responsibility subject of suicide death caused by network violence".In the process of identifying criminal responsibility for suicide caused by cyber violence,the initiator of cyber violence information should bear criminal responsibility.General "we media" do not have criminal intent to infringe others’ legitimate rights and interests,so they will not bear criminal responsibility.Malicious "we media" should bear corresponding criminal responsibility.The behavior of ordinary forwarding agents is generally not illegal,but if the behavior of malicious forwarding agents meets the relevant criminal conditions in the Interpretation of Network Defamation,they should bear the corresponding criminal responsibility.However,due to the neutrality of the nature of the network service platform,the infringement on the victim is generally not urgent,so it does not bear criminal responsibility for the result of the victim’s suicide death,but if it constitutes a civil tort or violates the norms of administrative law,it should bear the corresponding legal responsibility.