Think Tank

Make good use of the sword of the rule of law to severely punish online violence (commentator observation)


By implementing various laws, regulations, and policy documents with the spirit of nailing nails, we can further enhance the effectiveness of network governance. We need to scientifically understand the laws of network governance, actively explore and timely summarize good experiences and methods in practice, and continuously optimize and improve laws and regulations. When online violence occurs in well-known typical cases such as "women cheating on express delivery" and "insulting heroes in comment areas", Gradually shifting towards new forms and technologies such as "online course explosion" and "deep synthesis", how can regulatory swords keep up? A rule of law society will never allow online violence. Against the backdrop of new forms and characteristics of cybercrime, it is crucial to use the power of governance to severely punish online violence, safeguard citizen rights and order, and create a harmonious, rational, and orderly online environment. Not long ago, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Guiding Opinions on Punishing Cyber Violence Crimes in accordance with the Law", which made comprehensive and systematic provisions on the legal application and policy grasp of cases of cyberviolence crimes. The legal fence continues to tighten, and the sword of the rule of law is gradually sharpening. During the 100 day special operation to crack down on online rumors that began in April this year, public security organs across the country have investigated more than 2300 cases, lawfully shut down more than 21000 illegal and irregular accounts, and cleared more than 705000 pieces of online rumor information. Continuous actions and pragmatic measures have demonstrated the determination of government departments to strictly punish online violence in accordance with the law, and have strengthened the confidence of the whole society in combating online violence. It should also be noted that addressing online violence is a complex task. Unlike traditional illegal crimes, online violence often targets strangers who are unfamiliar with each other. Victims face practical difficulties in identifying the infringer and collecting evidence, and the cost of protecting their rights is extremely high. Fully recognizing the social harm of online violence, the people's courts, procuratorates, and public security organs adhere to the stance of severe punishment, actively perform their duties in accordance with the law, provide effective legal remedies for victims, safeguard the legitimate rights and interests of citizens, maintain public security, and maintain online order. Not abandoning small details and striving for long-term success, we must adhere to the spirit of perseverance in implementing various laws, regulations, and policy documents in order to further improve the effectiveness of network governance and make the cyberspace more clean and upright. "Precision" and "effectiveness" are the key scales for measuring the sword of the rule of law. In a batch of typical cases of punishing online violence crimes in accordance with the law announced in September this year, Wu, who spread rumors about his grandparents taking a photo together as an "old man and young wife," was sentenced to one year in prison. Observing the verdict, the court determined the victim's screenshot evidence and combined it with other facts to convict and sentence the crime of defamation, reflecting "accuracy"; The court comprehensively considered the seriousness of the situation and the degree of harm to social order, and imposed the punishment that cyberbullies should have, demonstrating its effectiveness. Adhere to a problem oriented approach, draw on typical cases, achieve a balance of leniency and severity, and strive to apply specific charges accordingly

Edit:Luo yu Responsible editor:Wang er dong

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