恶意人肉搜索的刑法规制研究

Research on Criminal Law Regulation of Malicious Human fleshSearchAuthor:Tutor:(Hainan Normal University,Haikou,571127)Abstract:Since China entered the Intemet era,people's lives are increasingly inseparable fiom the Intemet The nger wehave contact with the virtual network,the more and more dispules about the Intemet 'Human flesh search"is one of them.As a search method that combnes online search engines with manual labor,human flesh search has many distinctcharacteristics,such as the conceament and breadth of the sbject,the speed and fieedom of dissemnation,and theuncontrollablity and diffusion of resus A well intentioned human fesh search can help citizens protect their rights andexpose social injustice.It is one ofthe ways toself remedy and has a positive effect.Bu malicious human fesh searches haveviolted the personal information security of citizens and disupted social order.At presen,athough China has atached greatimportance to the lw of human flesh search,there are still weak areas Malicious human flesh search inciderts not only needto be protected by civil lw and administrative lw to protect the rights and interests of citizens,but ako need to be regulatedby crimiral aw to establish a complete kgal resporsbility sysem This article will start fiom the events relaled to'humanflesh search"and demonstrate the feasibility and necessity of regulating malicious human flesh search by criminal lw;Eaborate on the curent kegislative and kgal application status of human fesh search;Analyze the shortcomings of curentlaws n China n regulating human flesh searches,Finally,suggestions are made fom the kgislative and judicial perspectivesto regulate human flesh searches under criminal aw.Proper guidance should be given to benign human flesh searches,andcriminal lw should be applied to regulate malicious human flesh searches.Only in this way can we proect the fieedom ofspeech of citizens,effoctively safeguard ther information rights and interests,and maintain the order of the online society.It isako ofgreat benefit to China to improve the criminal lw system and promote the standardization of the IntemetKeywords:human flesh search:Persoml information:Criminal Law Regulati红