Research On The Application Of Criminal Law To Insulting Behavior In Cyberspcae

In recent years,the rapid development of Internet technology has attracted an increasing amount of people to use the network and the network space has been constantly expanded.Various forms of entertainment on the network have enriched the daily life of the public and in the meantime efficient and convenient communication channels have also narrowed the distance among people.However,every coin has two sides.While the Internet provides convenience to people,some crimes taking place in the traditional space also gradually emerge in the cyberspace and even become even more violent.Among them,the development of insulting behaviors in cyberspace is increasingly out of control,leading to lots of serious consequences.Insulting behaviors in cyberspace spread faster and more widely,whose harmful consequences are more unpredictable.Faced with frequent insulting behaviors in cyberspace,the existing criminal law regulatory measures seem to have lagged behind,which lead to some problems existing in practice completely unsolved.This paper makes a qualitative analysis of insulting behaviors in cyberspace.It is unreasonable to identify insulting behaviors in cyberspace as the crime of picking quarrels and provoking troubles,which is actually more in line with the constitutive elements of the crime of insult.Therefore,in order to better maintain the unity of rule of law and protect human rights,insulting behaviors in cyberspace should be identified as the crime of insult rather than that of picking quarrels and provoking troubles.Secondly,Through a normative analysis of insulting behaviors in cyberspace,the paper proposes that different from the traditional space,insulting behaviors in cyberspace can only be carried out through language,privacy disclosure and other ways.Therefore,the understanding of the“publicity” of insulting behaviors in cyberspace should also be expanded to the“consequences of publicity” according to the characteristics of cyberspace.The establishment of the crime of insult requires that the insulting behaviors shall be under serious circumstances while the amount criterion such as “number of clicks”,“number of views” and “number of forwarding” cannot accurately reflect the harm degree of the insulting behaviors in cyberspace.Therefore,it should take into comprehensive consideration the actual harm to the victim,the scale of the perpetrator and the nature of the communication platform.Furthermore,if it can connect the virtual identity on the Internet with specific people in real life,and then any behavior damages the reputation and personal dignity of people in real life should be regulated by criminal law and punished as the crime of insult.Finally,as for the prosecution mode of the crime of insult in cyberspace,it is highly recommended to further refine the prosecution regulations and rules of the crime of insult.In terms of the insulting behavior in cyberspace with great influence and serious harm,the conditions of public prosecution should be appropriately relaxed and the prosecution procedures should be applied to the prosecution of it.