China ’s three departments have issued opinions, stipulating that the insults and slander criminal behaviors that seriously endangers social order and national interests, procuratorial organs can filed a public prosecution to provide public interest lawsuits on cyber violence that harms social public interests.
The Supreme People's Court of China, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued guidance on punishment of cyber violations in accordance with the law (hereinafter referred to as the opinions), which clarifies the application of cyber violence applicationsSpecific charges, as well as cyber insults and slanders that are seriously of the circumstances, procuratorial organs can file a public prosecution and public interest lawsuit.
Opinions stipulate that different behaviors of network violence are punished with convictions such as defamation, insulting, and infringing citizens' personal information.
Opinions stipulate that if the implementation of insults and slander crimes, seriously endangers social order and national interests, shall be filed for public prosecution according to law.For whether it is seriously endangered with social order, it is necessary to comprehensively violate the objects, motivation purposes, behavior methods, scope of information dissemination, and harmful consequences.
This file also clarifies the responsibility on the platform on cyber violence.The opinions point out that the network service provider's discovered network violence information does not fulfill the information network security management obligations in accordance with the law, causing a large number of illegal information to spread or have other serious circumstances to harm social public interests, and the People's Procuratorate can file a public interest lawsuit to the people's court in accordance with the law.Essence
Opinions also point out that based on the purpose of stir -fry, promoting drainage and other purposes, the use of Internet user public accounts and other information on push and dissemination of information on cyber violent illegal crimes can be used to meet the provisions of criminal law.Punishment.
In recent years, many social events that have caused heated discussions in recent years are more or less related to cyber violence. For example, this year Wuhan's mother who crushed children was crushed and attacked by a large number of netizens.After a mood of makeup, he fell down and died; he committed suicide after a pink hair became the focus of public opinion after he became the focus of public opinion.Some legal experts have proposed that specialized anti -network violence law should be formulated.
This opinion also specifically pointed out that if the implementation of minors and disabled people; organize the "water army", "thugs" or other personnel implemented;The use of "deep synthesis" and other generation of artificial intelligence technology to publish illegal information; network violence initiated and organized by network service providers must be punished from heavy punishment.
Opinions require that crimes against violations of cyber violence should reflect the spirit of severe punishment and allow the people to fully feel fairness and justice.It is necessary to focus on cracking down on malicious sponsor, organizer, malicious push -to -the -artist, and repeated teachings.
