Specific analysis of the specific situation, generally do not violate the criminal law, network violence is more of a violation of civil law, tort liability law. Therefore, most cyber violence will not be sentenced to imprisonment, and more is liability for compensation.
But if the circumstances are serious enough to constitute a crime, it will violate the criminal law. According to Article 246 of China's Criminal Law, whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. It is worth noting that 16 years old does not constitute this crime.
The law provides that:
Article 17 of the criminal law? A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility.
If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.
Article 246 of the criminal law? Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
Provisions on several issues concerning the application of law in the trial of civil disputes over personal rights and interests by using information networks? The term "civil dispute cases involving infringement of personal rights and interests by using information network" as mentioned in these Provisions refers to the dispute cases caused by infringement of other people's personal rights and interests such as name, reputation, honor, portrait and privacy by using information network.
2. Suffer from cyber violence, collect evidence and report to relevant departments.
1, collect evidence clues. After the information is leaked, it is easy to receive all kinds of emails and phone calls from all over the world. At this time, you should pay attention and write down useful information such as the phone number or email address of the other party. Perhaps this information is trivial, but once collected, it can not only help you defend your rights, but also help more people.
2. Report the case to the relevant departments. Once personal information is leaked, you can complain to the public security department, Internet management department, industry and commerce department, consumer association, industry management department and relevant institutions. The purpose of reporting a case is to protect one's own rights and interests, and the other is to file a case. Once more people encounter similar situations to yours, they can deal with them together. According to the relevant provisions of the Criminal Law, if the circumstances of selling or providing personal information of citizens to others or illegally obtaining personal information of citizens are serious, it may be suspected of a criminal offence, and the public security organ may intervene in the investigation.
3. Remind friends and relatives around you to prevent being cheated. After personal information is leaked, you can not only use this information to steal your account, but also deceive your relatives and friends. So once your information is leaked or your contact tool account number is lost, you must inform your relatives and friends at the first time and ask them to take extra precautions to avoid being deceived.
4. Entrust a lawyer to defend rights. If important personal information is lost and you know how to lose it or have many clues, you can consult relevant laws and regulations with professional lawyers. If the lawyer gives a positive answer, he can use legal weapons to safeguard his rights and interests. If it is leaked in the process of consumption, the infringer can be required to apologize, eliminate the influence, restore his reputation and compensate for the losses through legal means according to the Civil Code and the Consumer Protection Law.
Relevant laws and regulations:
In June, 2065 438+04 10 6, the Supreme People's Court notified "Provisions on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Personal Rights and Interests Infringed by Information Network", which made clear the scope of personal information protection for the first time, the determination of the fault of reprinting network information from the media and how to standardize the network water army.