Japan revised criminal law to govern network violence
December 19, 2022 10:05 Source: "China Social Sciences" December 19, 2022, Issue 2554, Issue 2554,: Han Ling

Network violence is a by -product brought by the development of network technology and social transformation,Generally refers to the use of the carrier of the Internet,Cursing the victim、Attack、Insult、Defamation, etc.,Violation of the parties' privacy,Actions that threaten or have some adverse effects to their personal safety and normal life。In Japan,The crime of damaging the reputation also occupies a considerable proportion in the number of online crimes。To cope with this situation,June 13, 2022,The Japanese Senate passed the amendment to the Criminal Law,An important modification of the relevant content of the insulting crime。

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Internet violence openly degrades others,corrupted the reputation of others,Harmicity is not inferior to direct face -to -face violence crimes,Light causes the victim "social death",Initiative leads to the victim's committing suicide。Compared with violent crimes in real space,The governance of cyber violent crimes is often poor in effect,Insufficient punishment。

The amendment to the insulting crime of this time is mainly due to a cyber violent crime case that occurred in May 2020。The 22 -year -old Japanese women's professional wrestler Kimura Flower Tsukura bet365 live casino games Tsukimura caused a malicious evaluation of her on the Internet for publishing some remarks in a variety show,A few months long,Kimura Flow。Netizens who have published malicious comments on Kimura Flower after the incident have deleted a message,But there are two men who still leave a message under their Twitter account after committing suicide by Kimura,In the end, only these two men were sued。Tokyo Simple Referee made a judgment on the case,Two men have their own fines of 9,000 yen。

This case reflects a general phenomenon,That is, the harmfulness of cyber violence is very harmful,The punishment is very light。The insult that occurs in the real space mainly exists in the society of acquaintances,Small affected range。Insult behavior in network space is delayed and uncontrollable due to the openness and anonymity of the network,Actance often "follows the wind",Use text insults and other forms,Output language violence,As a result, a large number of negative evaluations are generated for victims who were unknown with them,But the illegal cost of implementing this behavior is very low。For example,Before the release of the amendment of the above criminal law,Japan's insulting crime is a fine of less than 10,000 yen or detention of less than 30 days。In order to increase the illegal cost of the perpetrator,Realize the punishment prevention of illegal information such as insulting and abuse through the Bet365 app download Internet,The amendment to the Japanese Criminal Law increased the legal crime,Fined legal punishment after modified or less than 300,000 yen may be imprisoned for less than 1 year,Public prosecution has also extended from the original 1 year to 3 years。

  "I can tell the public prosecution"

Method of prosecution on cyber violent crimes,Insultation of insults in Japanese criminal law stipulates: without telling,No public prosecution is allowed。"I can tell the public prosecution" is to consider the public prosecution,It is possible to infringe the reputation of the victim。Traditional insults, although they are also required to "openly",But after all, the scope of waves is limited,Once a prosecution may make more people know,This is often the victim does not want to see。Therefore,Criminal Law gives the victim to the victim of the decision to prosecute,The decision to prosecute it by itself。

I told the public prosecution instead of self -prosecution,That is, the police are responsible for the investigation and evidence of the case,There is a big difference between this and "Tell Tale Tale"。Under the general occasion,"Tell the only processing" is the victim filed a self -prosecution、Court directly accepted,In essence, the victim is required to bear the responsibility of proof。But the characteristics of cyber crimes determine that there are many difficulties that the victim assumes the responsibility of proof。and "I can tell the public prosecution" Bet365 lotto review on the one hand to give the victim whether the power to pursue the crime,On the other hand,The public power organs are responsible for investigating criminal acts and filed a public prosecution,More conducive to pursuit of cyber violent criminal acts。In addition,Considering the complexity of cyber crimes,The extension of the time limit for prosecution also provides time for effectively verifying the crime。Internet violence actors mostly use anonymous ways,Generally difficult to lock its identity,Investigation requires longer time,Japan's amendment will extend the timeliness of prosecution to meet the actual needs of verifying the actual criminal behavior of cyber violence。

  Network service provider responsibilities need to be clear

Criminal responsibility on the network platform,Previously, the legal responsibilities and obligation rules of the network service providers in Japan were more eased,Considering personal information protection and freedom of speech,Network service providers are often unwilling to provide personal information from their users,This brings certain difficulties to investigating cyber violent crimes。The Japanese academic and practical circles believe that we should maintain humility,Criminal Law did not make special regulations on the criminal responsibility of network service providers,The investigation of its criminal liability is basically limited to occasions bet365 best casino games that do not really do not act as a crime or inaction。Although it assumes the responsibility of the publisher of the content of the information content and the information winner,But it is impossible to position the network service provider as the role of the "two -handed hand",Identification of illegal information、Filter、Filter is the obligation that must be fulfilled。How to establish a standard for which network service providers bear criminal responsibility,It is still a problem of divergent opinions in the academic and practical circles。Information posted by the publisher of the information,The network service provider knows that its content involves network violence and fails to fulfill the corresponding obligation,Still have seductive or inducing envoys for cyber violence,Or requires that the network service provider has the so -called "real malicious" to bear the corresponding criminal liability,No consistent point of view is formed。October 2022,The "Law of the Law of the Limitation of Network Service Providers" in Japan will be implemented after the revision,In order to quickly lock the actor who implements cyber violence,The court can determine whether to disclose information about related network users based on the victim's appeal,This is more conducive to the victims to protect their rights and interests and quickly and effectively handle cyber violence cases。In addition,The "Japan Criminal bet365 best casino games Procedure Law" also stipulates that network service providers are obliged to assist the police in handling the case,Including assistance search, etc.。

Strengthening police forces is also one of the key links for governing cyber violent crimes。The increasingly serious cyber attacks and cyber crimes urgently need to deal with,Integrated and optimizing police resources has become an inevitable development of the situation。March 30, 2022,The Japanese Senate passed the amendment to the Police Law,Established the "Network Police Department" and "Special Investigation Team of the Internet" in the Police Department。The establishment of these two institutions is helpful for improving the investigation capabilities of Japanese cyber crimes and realizing the technical checks and balances of police investigations on cyber crime。

With the changes in the situation of cyber violent crimes,The number of rituals of cyber violence crimes in the future will be further increased。In order to effectively prevent and crack down on cyber violent crimes,There is an opinion in Japan.,It is necessary to formulate a clearer and detailed legislative standards and law enforcement judicial standards,While constantly improving legislation,It is also necessary to take necessary publicity and education measures,Prevent and reduce the occurrence of cyber violent crimes。

(Author Unit: School of Law, Northeast University of Finance and Economics)

Editor in charge: Cui Cen
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