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September 25,Supreme People's Court、Supreme People's Procuratorate、The Ministry of Public Security jointly issued guidance on punishing cyber violations of violations of cyber violations,The legal application and policy grasping issues of cyber violence violations and policies are comprehensive、Regulations of the system。
The network space is not a place outside the law,This opinion further promoted the punishment of cyber violence in accordance with the law,worthy of attention ↓↓↓
【What are the crimes applicable to cyber violence? 】
The main punishment of cyber violence in criminal law is insult、Defamation crime。According to the provisions of the Criminal Law,Insult crime、Tell the only processed by the slander,But the except the serious endangering social order and national interests。
In recent years,Insult、Dewy criminal cases have increased significantly,Many of them are Internet insults、Defamation case,But the proportion of sky bet online casino Sky bet online sports betting APP download guilty judgment is very low。This is not only the self -prosecutor confirming the violence of the Internet、Collection of evidence and other aspects of real difficulties,Also insult、Public prosecution standards for slander criminal cases lack a detailed guidance、"Excessive threshold" is related。For this,This opinion came into being。
Opinions shall be in accordance with the provisions of criminal law and related judicial interpretation,Guidance of the nature of cyber violent behavior。Specifically:
openly insulted others on the information network or fabricated the facts to slander others,The serious plot,With insults、Crime punishment for slander;
Organize "Human Meat Search",Collect illegal collection and publish citizen information to unspecified majority people,The serious plot,Crime and punishment for infringing citizens' personal information;
Mysterious marketing speculation on the implementation of cyber violence incidents,You can apply illegal use of information network crimes;
Discovered network violence information does not fulfill sky bet online sports Sky bet sports betting APP betting the obligation of information network security management in accordance with the law,You can apply the crime of refusing to fulfill the obligation of information network security management。
The picture shows the scene of the press conference on September 25。Xinhua News Agency reporter Liu Shuo
[Are these behaviors considered cyber violence? 】
In recent years,"Internet Report" and other repeated appearances,So is similar behavior considered online violence? Opinions,Report through the information network、Disposing other people's crimes or violations of laws and discipline,As long as it is not intentionally fabricated or knows the facts of fabrication, it deliberately spreads,It should not be identified as a defamation illegal crime。Comments on the words and deeds of others、Put forward criticism,Even if the point of view is biased、Speaking is a bit extreme,As long as it is not wantonly scolding、malicious slander,It should not be identified as an insult illegal crime。
[Which Internet violence behavior will be severely punished? 】
In reality,Some cyber violence incidents ultimately Sky bet sports betting APP law will not blame the sky bet online sports betting public、No more,How to crack such problems? Opinions,Effective correction of the error tendency of "law does not blame the public",We must focus on cracking down on malicious initiator、Organizer、Malicious piping among those who do not change from teaching。
Opinions also stipulate,Implementing cyber violent crimes,One of the following situations,Penalties from law according to law:
(1) The implementation of minors and disabled;
(2) Organize the implementation of "Water Army", "Fighting" or other personnel;
(3) The topic of fabricating "sex" to infringe on others' personality dignity;
(4) The use of "deep synthesis" and other generation artificial intelligence technology to publish illegal information;
(5) The network service provider initiated and organized.
[How to ensure that severe punishment measures in accordance with the law are in place? 】
—— Clarify the work requirements of the public security organs to assist in obtaining evidence
Opinions clearly make clear that the public security organs shall be in accordance with the requirements of the people's court and the specific situation of the case,Timely finding Internet insults、Defamation sky bet online sports betting behavior subject,Collect Sky bet sports betting APP relevant information spread and the spread of the spread and the impact caused by the influence。Network service providers should provide necessary technical support and assistance to the public security organs in accordance with the law。
—— Clarify Internet insults、Public prosecution standards for slander criminal cases
Opinions insult to the Internet、Defamination cases apply for public prosecution procedures to make regulations,Including "cause the victim or its close relative mental disorders、Suicide and other serious consequences,Social influence bad "" insult、Defamation multiple people or spreading insults multiple times、Defamation Information,Social influence of bad "and other。
—— Clarify Internet insults、Defamation Criminal case self -prosecution to public prosecution procedures
Opinions Regulations,Internet insults for serious harm to social order、Defamation behavior,Public security organs have filed a case as a public prosecution case,The victim mentioned the self -prosecution to the people's court at the same time,The people's court may ask the prosecutor to withdraw from the prosecution or ruling will not be accepted;,It should be sky bet online sports betting ruled to terminate the Sky bet online sports betting APP download trial,and transfer relevant materials to the public security organs,The original self -compliant can participate in the lawsuit as the victim。The victim started a self -prosecution premise in the public security organs,The People's Court considers the relevant Internet insults、Defamation behavior seriously endangers social order,The case should be transferred to the public security organs。
—— Support civil rights protection against cyber violence in accordance with the law
Opinions Regulations,Implementing cyber violence behavior for others,Invading the right to reputation、Privacy rights and other personality rights,The victim requests the actor to bear civil liability,The People's Court supports it according to law。The right holder has evidence to prove that the actor is implementing or will soon infringe its personality rights illegal acts,Failure to stop stopped in time that will cause the legitimate rights and interests to be damaged by it,People's Court can apply according to the right holder,Make a ban on personality violations in accordance with the law。
—— Clarify the rules of public interest litigation of cyber violence cases
Opinions Regulations,Sky bet online sports betting APP download Cyber violence damage sky bet online sports betting to the public interest of social,The People's Procuratorate can file a public interest lawsuit to the people's court in accordance with the law。Network service providers to perform information network security management obligations for the discovered network violence information,Delivery information on illegal information or other serious plots,Elimination of public interests of social,The People's Procuratorate can file a public interest lawsuit to the people's court in accordance with the law。People's Procuratorate handling public interest lawsuits in the field of cyber violence governance,You can request network service providers to provide necessary technical support and assistance。
Editor in charge: Wang Yixiao