The current theoretical research and judicial practice demonstrate insufficient attention to the scope of punishment for the crime of insult in cyberspace.To clarify the basis of illegality and boundar-ies of punishment for online insult crimes,it is imperative to re-examine the legal interest protected by the crime of insult.The prevailing conception of legal interest exhibits deficiencies in reflecting the essen-tial nature of this offense.To address these limitations,this article proposes the"revised legal interest of reputational sentiment",which comprises two dimensions:subjective perception and objective correction.Re-garding the subjective dimension,which pertains to the victim's psychological experience following insult-ing acts,this should constitute the prerequisite for initiating private prosecution.The objective corrective dimension,through incorporation of the offense principle,safeguards the legitimacy of criminal law regula-tion over online insults.This objective dimension systematically integrates factors from the offense balanc-ing test into the dogmatic system:At the constitutive requirements level,online insult manifests its illegali-ty through behavioral impropriety,contextual impropriety(location),and subjective impropriety;At the ille-gality evaluation level,the consent standard and reasonable avoidance standard indicate non-punishable cases due to absence of legal interest,while freedom of expression signifies non-punishable scenarios through balancing of legal interests.
关键词
网络侮辱/冒犯原则/网络暴力/名誉法益/侮辱罪
Key words
online insult/offense principle/cyber violence/legal interest of reputation/crime of insult
维普
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