网络言论侵权行为入罪问题研究.pdfVIP

Abstract The appearance of the internet has changed our age, and affected our life deeply. Internet offers a new channel for speech, and the freedom of speech has been promoted unprecedented. Net speech is exerting its unique affection with its own style. But the complicated of the net speech has been decided by the complex society. It has the same two-tier affection as traditional public opinions. The conflict of right and the problem of balance is appeared in the freedom of speech and social stability, the right to know and privacy, because privacy case happened repeatedly. These cases attract broad attention. Traditional expressions may deviate the value and mislead the public as well as the speech on net. In that case, we must specify the expression of public opinion on the net. The key to deal with the problem is preventing the catabolism in net speech availably, but we cannot snuff out the creativity and vitality of it. Therefore, the criminal law, the most powerful legal instrument, has an important affection on the development of the harmonious society and the freedom of the speech on net, and it is also important to the domestic socialism legal construction. The net speech tort conviction is the research subject in this paper. And elaboration analysis the three behavior way of Network opinion right infringement, that is Network slander, Network rumor and manpower search. The analysis induces each kind of network opinion right infringement the characteristic. Based on the Right position step, this paper try to definite the time and level of criminal law ’s interfering, and try to draw into Recoverable judicial theory in order to solve net speech full authority passive in the criminal cases, and realize the balance in all sort