The Criminal Law Regulation of Network Language Violence

Fen Li

doi:doi:10.11648/j.ijecs.20220702.15

| Peer-Reviewed

The Criminal Law Regulation of Network Language Violence

Fen Li

Published in International Journal of Education, Culture and Society (Volume 7, Issue 2)

Received: 28 February 2022 Accepted: 16 March 2022 Published: 31 March 2022

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

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.

Published in	International Journal of Education, Culture and Society (Volume 7, Issue 2)
DOI	10.11648/j.ijecs.20220702.15
Page(s)	100-104
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Cyber Language Violence, The Necessity of Sentencing, Specific Assumptions

References

[1]	Cong Lu Criminal law regulation of network language violence [J] Economist (20201, 2022).
[2]	CHEN Ye Legal boundary and criminal law regulation of freedom of speech in the Internet age [J] Journal of Beijing Police College, 2020 (02).
[3]	Jing Lijia, Hu Jun Improvement path of legal regulation of cyber violence [J] Journal of people's Public Security University of China (SOCIAL SCIENCE EDITION), 2021, 37 (05).
[4]	Zhao Li, Yang Yi, male "Keyboard man's Carnival" should be over [n] Rule of law daily, 2022-01-26 (004).
[5]	Cai Rong Legitimacy and doctrinal analysis of "cyber language violence" in Punishment [J] Journal of Southwest University of political science and law, 2018, 20 (02).
[6]	Chen Chunzhu, Ma Shaoying Governance Dilemma and path choice of network language violence [J] Journal of people's Public Security University of China (SOCIAL SCIENCE EDITION), 2019, 35 (02).
[7]	Zhong Ying, Wang Hongtao The governance path of network language violence under the view of positive criminal law [J] Journal of Heilongjiang Administrative Cadre College of politics and law, 2021 (01).
[8]	Jia zhanxu Revision of criminal law involving juvenile delinquency from the perspective of preventive criminal law [J] Journal of Gansu University of political science and law, 2021 (04).
[9]	Song Zongyu, Li Tinghao Internet speech violence and its legal control -- Also on Article 36 of China's tort liability law [J] JOURNAL OF SOUTHWEST UNIVERSITY FOR NATIONALITIES (HUMANITIES AND SOCIAL SCIENCES), 2011, 32 (01).
[10]	On the criminal law regulation and Countermeasures of network language violence [J] Liu Zeren Legal system Expo 2019 (24).
[11]	Legitimacy and doctrinal analysis of "cyber language violence" in Punishment [J] Cai Rong Journal of Southwest University of political science and law 2018 (02).
[12]	Research on the regulation of cyber violence from the perspective of criminal law [J] Wang Ning Legal system and society 2020 (12).
[13]	Criminal law regulation of cyber violence [J] Li Caiwei Journal of North China University of water resources and hydropower (SOCIAL SCIENCE EDITION) 2019 (03).
[14]	On language violence in network fragmented Communication [J] Xia Fei, Ji Yimin Read jiangxue journal 2016 (03).
[15]	On the criminal law regulation of cyber violence [J] Xu Caiqi Applicable law 2016 (03).

Cite This Article

Plain Text BibTeX RIS

APA Style

Fen Li. (2022). The Criminal Law Regulation of Network Language Violence. International Journal of Education, Culture and Society, 7(2), 100-104. https://doi.org/10.11648/j.ijecs.20220702.15

Copy | Download

ACS Style

Fen Li. The Criminal Law Regulation of Network Language Violence. Int. J. Educ. Cult. Soc. 2022, 7(2), 100-104. doi: 10.11648/j.ijecs.20220702.15

Copy | Download

AMA Style

Fen Li. The Criminal Law Regulation of Network Language Violence. Int J Educ Cult Soc. 2022;7(2):100-104. doi: 10.11648/j.ijecs.20220702.15

Copy | Download

@article{10.11648/j.ijecs.20220702.15,
  author = {Fen Li},
  title = {The Criminal Law Regulation of Network Language Violence},
  journal = {International Journal of Education, Culture and Society},
  volume = {7},
  number = {2},
  pages = {100-104},
  doi = {10.11648/j.ijecs.20220702.15},
  url = {https://doi.org/10.11648/j.ijecs.20220702.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijecs.20220702.15},
  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.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - The Criminal Law Regulation of Network Language Violence
AU  - Fen Li
Y1  - 2022/03/31
PY  - 2022
N1  - https://doi.org/10.11648/j.ijecs.20220702.15
DO  - 10.11648/j.ijecs.20220702.15
T2  - International Journal of Education, Culture and Society
JF  - International Journal of Education, Culture and Society
JO  - International Journal of Education, Culture and Society
SP  - 100
EP  - 104
PB  - Science Publishing Group
SN  - 2575-3363
UR  - https://doi.org/10.11648/j.ijecs.20220702.15
AB  - 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.
VL  - 7
IS  - 2
ER  -

Copy | Download

Author Information

Fen Li

Open Institute, Hainan Open University, Haikou, China

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Fen Li. (2022). The Criminal Law Regulation of Network Language Violence. International Journal of Education, Culture and Society, 7(2), 100-104. https://doi.org/10.11648/j.ijecs.20220702.15

Copy | Download

ACS Style

Fen Li. The Criminal Law Regulation of Network Language Violence. Int. J. Educ. Cult. Soc. 2022, 7(2), 100-104. doi: 10.11648/j.ijecs.20220702.15

Copy | Download

AMA Style

Fen Li. The Criminal Law Regulation of Network Language Violence. Int J Educ Cult Soc. 2022;7(2):100-104. doi: 10.11648/j.ijecs.20220702.15

Copy | Download

@article{10.11648/j.ijecs.20220702.15,
  author = {Fen Li},
  title = {The Criminal Law Regulation of Network Language Violence},
  journal = {International Journal of Education, Culture and Society},
  volume = {7},
  number = {2},
  pages = {100-104},
  doi = {10.11648/j.ijecs.20220702.15},
  url = {https://doi.org/10.11648/j.ijecs.20220702.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijecs.20220702.15},
  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.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - The Criminal Law Regulation of Network Language Violence
AU  - Fen Li
Y1  - 2022/03/31
PY  - 2022
N1  - https://doi.org/10.11648/j.ijecs.20220702.15
DO  - 10.11648/j.ijecs.20220702.15
T2  - International Journal of Education, Culture and Society
JF  - International Journal of Education, Culture and Society
JO  - International Journal of Education, Culture and Society
SP  - 100
EP  - 104
PB  - Science Publishing Group
SN  - 2575-3363
UR  - https://doi.org/10.11648/j.ijecs.20220702.15
AB  - 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.
VL  - 7
IS  - 2
ER  -

Copy | Download