An Insulting Judgmental Approach to Internet Insults under the Dual-Level View of Legal Benefits of Reputation
In order to cope with the difficulty in judging the insulting nature of cyber insults brought about by the diversification of values in the Internet era,the method of legal interest analysis in criminal law doctrine is used as a way to explore whether cyber insults constitute a crime.The premise of the crime of cyber insult is that it violates the reputation of people in the real society and the legal benefit of the crime of insult is the dual legal benefit of reputation,which includes external reputation and subjective reputation.The judgment of the insulting nature of the network insult follows the double judgment from the external reputation to the subjective reputation.Under the dual reputation legal interest view,the crime of insult can be established for the disclosure of important privacy rather than general privacy and the crime of insult can be established for the insult of a specific group of people rather than an abstract group of people.
internet insultsinsult crimelegal benefitright to reputation
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