Compared with traditional insult and defamation cases,online violent insult and defamation cases have the characteristics of linear,decentralized,and soft violence in the network.Relying solely on the limited evidence collection ability of the victim is difficult to support the achievement of the purpose of punishing the crime.Although China has introduced corresponding regulations for the prosecution of cybercrime,it cannot fundamentally solve the contradiction between the insufficient ability of victims to prosecute and the difficulty of obtaining evidence in cases.The strict regulation of private prosecution for the crime of confession confuses the relationship between public prosecution and private prosecution,and between private prosecution and the crime of confession.This regulation not only lacks theoretical support,but also makes it difficult for victims to prosecute in practice,which is not conducive to the protection of their rights and interests.Breaking down the barriers between public prosecution and private prosecution in the crime of personal prosecution,granting vic-tims full right to tell,and reconstructing the dual prosecution mechanism of public and private prosecution in parallel,can smooth the prosecution path of online violent insult and defamation cases,and achieve a balance between punishing crimes and protecting human rights.
关键词
网络暴力/告诉才处理/自诉转公诉
Key words
cyber bullying/acceptance at complaint only/transition from private prosecution to public prosecu-tion
维普
万方数据