Japan’s revised criminal law to control cyber bet365 premier league odds
December 19, 2022 10:05 Source: "Chinese bet365 premier league odds Journal" Issue 2554, December 19, 2022 Author: Han Ling

Cyber ​​violence is a by-product bet365 premier league odds development of network technology and social transformation,Generally refers to the use bet365 premier league odds Internet as a carrier,Abuse the victim、Criticism、Insult、Defamation, etc.,Invasion bet365 premier league odds privacy bet365 premier league odds party concerned,Behavior that threatens or has some adverse impact on their personal safety and normal life。In Japan,Reputation-related crimes also account for a large proportion bet365 premier league odds number of cybercrime reports。In response to this situation,June 13, 2022,The Japanese Senate passes the Criminal Code Amendment,Important changes have been made to the content related to the crime of insult。

 Raising statutory penalties increases bet365 premier league odds

Internet bet365 premier league odds blatantly derogates the personality of others,Destroy the reputation of others,No less harmful than direct face-to-face violent crimes,Leading the victim to “social death”,In worst case, the victim committed suicide。Compared with violent crimes in real space,The governance of violent crimes on the Internet is often ineffective,Insufficient punishment。

Japan’s modification bet365 premier league odds crime of insult is mainly due to an online violent crime case that occurred in May 2020。The 22-year-old Japanese female professional wrestler Kimura Hana caused malicious comments about her on the Internet due to some remarks she made in a variety show,Several months,Kimura Hana finally committed suicide at home because she could not bear the related blow。After the incident, netizens who made malicious comments about Hana Kimura deleted their messages,But two men still left abusive messages on Hana Kimura’s Twitter account after she committed suicide,In the end, only these two men were prosecuted in the case。The Tokyo Summary Court made a decision on the case,Two men were fined 9,000 yen each。

This case reflects a common phenomenon,That is, online violence is very harmful,The punishment is very light。Insult crimes that occur in real space mainly exist in acquaintance society,Smaller scope。Insulting behavior in cyberspace is diffuse and uncontrollable due to the openness and anonymity bet365 premier league odds Internet,Perpetrators tend to “follow the trend”,Using text insults and other forms,Output language violence,Resulting in a large number of negative comments about the victim who was a stranger to him,But the illegal cost of committing this kind of behavior is very low。For example,Before the issuance bet365 premier league odds above-mentioned Criminal Law Amendment,The legal penalty for the crime of insult in Japan is a fine of not more than 10,000 yen or imprisonment of not more than 30 days。In order to increase the perpetrator’s illegal costs,Realize the prevention of penalties for publishing illegal information such as insults and abuse through the Internet,Japan’s Criminal Law Amendment Increases the Penalty for the Crime of Insult,The revised statutory penalty is raised to a fine of not more than 300,000 yen or a fixed-term imprisonment of not more than 1 year,The statute of limitations for public prosecution has also been extended from the original 1 year to 3 years。

  “Only those who tell can initiate bet365 premier league odds”

About the prosecution methods of bet365 premier league odds,Relevant provisions of the crime of insult in Japanese criminal law: without telling,No prosecution。“Only those who complain can be prosecuted” is to consider that all prosecutions will be initiated,On the contrary, it may damage the victim’s reputation。Although the traditional crime of insult also requires "blatant" execution,But after all, the scope of influence is limited,Once prosecuted, more people may know,This is often what the victim does not want to see。Therefore,The criminal law has only transferred the decision-making power of whether to prosecute to the victim,It is up to the individual to decide whether to prosecute。

After telling the police, it was a public prosecution rather than a private prosecution,That is, the police are responsible for the investigation and evidence collection of the case,There is a big difference between this and "just tell"。Under normal circumstances,“Take action only after telling” is a private prosecution initiated by the victim、The court directly accepts it,In essence, it requires the victim to bear the burden of proof。However, the characteristics of cybercrime determine that it is difficult for the victim to bear the burden of proof。On the one hand, "Only one can file a complaint to initiate a public prosecution" gives the victim the power to prosecute the crime or not,On the other hand,Public authorities are responsible for investigating and prosecuting criminal acts,More conducive to the prosecution of bet365 premier league odds。In addition,Considering the complexity of cybercrime,The extension of the statute of limitations for public prosecutions also provides time for effective investigation of crimes。The perpetrators of online violence mostly use anonymous methods,It is generally difficult to lock his identity,It will take longer to investigate and collect evidence,Japan’s current amendment to the law to extend the statute of limitations for public prosecutions is to meet the practical needs of verifying bet365 premier league odds。

  bet365 premier league odds provider responsibilities need to be clarified

About the criminal liability of online platforms,Previous Japanese legislation had relatively relaxed rules on the legal responsibilities and obligations of network service providers,Considering personal information protection and freedom of speech,Internet service providers are often unwilling to provide their users’ personal information to the outside world,This brings certain difficulties to the investigation of bet365 premier league odds。Both Japanese academic circles and practitioners believe that modesty should be maintained,The criminal law does not specifically provide for the criminal liability of network service providers,The investigation of their criminal liability is basically limited to cases where they are not truly guilty of omission or accomplices of omission。Although it bears the responsibility of connecting information content publishers and information acquirers,But it is impossible to position the network service provider as the "setter" role,Identification of illegal information、Filter、Screening is an obligation that must be fulfilled。How to establish the standard for criminal liability of network service providers,It is still a question that has divergent opinions in academic circles and practical circles。For information published by information content publishers,The network service provider knew that its content involved cyber violence but failed to fulfill its corresponding obligations,Still tempted or tempted to commit cyber violence,Or network service providers may be required to have so-called "actual malice" subjectively in order to bear corresponding criminal liability,No consistent point of view。October 2022,Japan’s “Law on Limitation of Liability of Internet Service Providers” will come into effect after revision,In order to quickly identify the perpetrators of cyber violence,The court can decide whether to disclose relevant network user information based on the victim’s complaint,This is more conducive to victims safeguarding their rights and handling online violence cases quickly and effectively。In addition,The "Japanese Criminal Procedure Law" also stipulates that network service providers have the obligation to assist the police in handling cases,Including assisting in searches, etc.。

Strengthening police force is also one bet365 premier league odds key links in controlling violent crimes on the Internet。The increasingly serious cyber attacks and cyber crimes require urgent response,Integrating and optimizing police resources has become inevitable in the development bet365 premier league odds situation。March 30, 2022,Japan’s Senate passed amendments to the Police Act,The "Internet Police Department" and the "Internet Special Investigation Team" were established at the National Police Agency。The establishment of these two agencies will be of great help to improve Japan’s cybercrime investigation capabilities and realize the technical checks and balances bet365 premier league odds police in the investigation of cybercrime cases。

With the changes in the violent crime situation on the Internet,The number of reports of bet365 premier league odds will further increase in the future。In order to effectively prevent and combat violent crimes on the Internet,There are opinions in Japan,It is necessary to formulate more clear and detailed legislative norms and law enforcement and judicial standards,While constantly improving legislation,Necessary publicity and education measures must also be taken,Preventing and reducing the occurrence of violent crimes on the Internet。

(Author’s unit: bet365 premier league odds School of Dongbei University of Finance and Economics)

Editor: Cui Cen
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