A, network violence can be sued
The key point of network violence prosecution is the number of defamatory information is clicked, viewed, forwarded and so on.
According to the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Using Information Network to Commit Slander", which clearly stipulates the criteria for the criminalization of network defamation: the use of information network to slander others, the same defamatory information actually clicked on, viewed more than 5,000 times or forwarded more than 500 times, shall be deemed to be the circumstance serious as stipulated in Article 246 of the Penal Code. "Fabricating facts to defame others".
Article 246 of the Criminal Law Anyone who openly insults another person or fabricates facts to slander another person with violence or other methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights.
The crime of the preceding paragraph shall be dealt with only if told, except for those that seriously jeopardize the social order and national interests.
Through the information network to commit the acts stipulated in the first paragraph, the victim to the people's court to tell, but to provide evidence is really difficult, the people's court may request the public security organs to provide assistance.
Two, what is network violence
At present, there is no uniform definition of network violence academically, some people claim that network violence refers to the violent behavior of netizens on the network, is an extension of social violence on the network. Some people say that cyber violence is in the frenzy, irrational emotions dominated by netizens on the unconfirmed or already confirmed network events published network speech. These remarks go beyond the normal scope of rationality and the boundaries of morality and law, not only judging and criticizing the person concerned morally in the virtual space, but also having a direct impact on the real life of the person concerned. It is often anonymous, group attack behavior, although the identity of the attacker is virtual, but the harm brought to the person concerned is real.
Three, by the network violence should be how to protect rights
Based on the provisions of relevant laws in China, the victim suffered from the infringement of network violence, you can to the people's court where the infringement occurs to file a civil lawsuit to protect their interests.
Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes Involving the Use of Information Networks to Infringe on the Rights and Interests of Persons states that litigation involving the use of information networks to infringe on the rights and interests of persons shall be under the jurisdiction of the people's court of the place where the infringement occurred or the place where the defendant resides.
The place where the infringement is committed includes the place where the terminal equipment such as computers is used to commit the infringement, and the place where the result of the infringement occurs includes the place where the infringer resides.
Article 3 the plaintiff in accordance with the provisions of article 36, paragraph 2, paragraph 3 of the tort liability law against network users or network service providers, the people's court shall accept.
The plaintiff only sues the network user, the network user requests to add the allegedly infringing network service provider as *** with the defendant or the third party, the people's court shall grant permission.
The plaintiff only sues the network service provider, the network service provider requests to add the network user can be identified as *** with the defendant or third party, the people's court shall allow.
The above is to find the law network editor for you to organize about the relevant content, I hope to help you. We can understand the network violence impact on the person's own defense system, originally in line with social ethics, in line with the moral consciousness of the values of the network violence will be distorted under the impact. The key point of cyber violence prosecution is the number of clicks, views and retweets of defamatory information. If you still have other legal problems, welcome to find the law on the network consulting platform, online lawyers will be for you to carry out professional answers.
Disclaimer: This work is the author of the combination of laws and regulations, the official government website and the Internet related knowledge integration, if the content is wrong please contact through the complaint function to delete.
Related Laws
[1]Article 246 of the Criminal Law of the People's Republic of China >
[2]Article 246 of the Interpretation by the Supreme People's Court and the Supreme People's Procuratorate of the Interpretation of Several Issues Concerning the Application of Law to the Handling of Criminal Cases of Slander Implemented by Utilizing Information Networks, etc. >
[3]Article 246 of the Supreme People's Court Provisions on Several Issues Concerning the Application of Law to the Trial of Civil Dispute Cases Involving the Use of Information Networks to Infringe on the Rights and Interests of Persons, Article 2 >
[4]Provisions on Several Issues Concerning the Application of Law to the Trial of Civil Dispute Cases Involving the Use of Information Networks to Infringe on the Rights and Interests of Persons, Article 3 >
[5]Provisions on Several Issues Concerning the Application of Law to the Trial of Civil Dispute Cases Involving the Use of Information Networks to Infringe on the Rights and Interests of Persons, Article 5 Article 36 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Trial Cases of Civil Disputes over the Use of Information Networks to Infringe on the Rights and Interests of Persons >
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