The Criminal Law Regulation of Network Language Violence

Abstract

A detailed analysis of Article 13 of the criminal law stipulates that only acts with considerable social harm can be punished. At present, the phenomenon of network language violence occurs frequently, abuses freedom of speech, causes harm to others, and has become a new form of crime. From three aspects: 1. the concept and nature of network language violence; 2. The necessity of criminal law regulation of network language violence; 3. Specific ideas of criminal law regulation of network language violence. Referring to the "two Supreme People's congresses" issued the "interpretation on Several Issues concerning the application of law in handling criminal cases such as defamation through information network" and "criminal law amendment 11", this paper analyzes the needs of social governance, social harmfulness and personal danger; It is concluded that "cyber language violence" belongs to "insulting" speech crime, and mental damage should be evaluated as the harmful consequences of "cyber language violence", and the use of criminal law to regulate it has also become a necessary path. Systematically examine the criminal legislation and investigate the normative content of the crime of insult, so as to bring the "network language violence" into the crime of insult.