The regulation of ecological management of network information content transforms the political advantage of network management with Chinese characteristics into institutional advantage.
:: Establish a comprehensive management system to guard against \"human flesh search \". On the one hand, it is necessary to strengthen the publicity and education of relevant laws and regulations to guide Internet users to fully understand the possible illegal consequences of \"human flesh search \"; on the other hand, to punish violators according to law
\"Human flesh search\" is a kind of interpersonal relationship-based network community activities, often \"one-person question, eight-party response \", a huge\" human flesh search \", often have thousands of netizens involved, may make the relevant personnel to attract the attention of the whole country and the whole world.
Recently,\" Deyang female doctor suicide incident \"into the public view again,\" human flesh search\" also caused concern again. In a recent media interview, the woman's husband said he had reported the crime of \"violating the personal information of citizens,\" and the people's procuratorate of Mianzhu, Sichuan province, formally filed a public prosecution against the leakers in 2019, but the time of the court session has not yet been fixed.
It is reported that in August 2018, the female doctor was \"human flesh search\" by the other family after a dispute with a boy in the hotel pool, and died of stressful suicide five days later.
With the advent of the big data era, people leave a lot of records in cyberspace every day, including some personal privacy, which facilitate \"human flesh search \", and the harm caused by\" human flesh search \"cannot be underestimated.
The State Internet Information Office recently issued the Regulations on the Ecological Control of Network Information Content (hereinafter referred to as the Regulations), and users and producers of network information content services and platforms are not allowed to engage in illegal activities such as cyber violence, human flesh search, deep forgery, falsification of traffic and manipulation of account numbers.
Zhi Zhenfeng, a researcher at the Institute of Law of the Chinese Academy of Social Sciences and a professor at the University of the Chinese Academy of Social Sciences, explained that the Regulations turned the political advantages of the way of governing the network with Chinese characteristics into institutional advantages, and will take institutional advantages to realize the governance advantages of the ecological construction of network information content.
According to zheng ning, deputy director of the law department at media university of china,\" human flesh search \"is an act of using the internet as a medium to collect information about a particular person or thing based on human or data to find the truth about a person or event.
Zheng Ning further explained that \"human flesh search\" is a relationship-based network community activities, often \"one-person question, eight-party response \", a huge\" human flesh search \", often have thousands of Internet users involved, may make the relevant personnel in the national and even the world's attention.
\"Human flesh search\" light let the client undisturbed, heavy may become \"kill bloodless\" bullets and dark arrows. Legal Daily reporters combed found that \"human flesh search\" caused by the tragedy is not uncommon.
One day in 2001, a male internet user posted a picture of a beautiful woman bragging that she was her girlfriend Yunyun. Later, some netizens saw that the woman's true identity is \"Microsoft's first beauty,\" and posted most of her profile. The event set a precedent for \"human flesh search \", a real internet search operation known as\" human flesh search \".
In December 2007, Jiang Yan, a 31-year-old white-collar woman in Beijing, jumped from her 24th-floor home to denounce her husband and third party with her life. After mr. jiang's suicide, her death blog was made public, sparking a \"human search\" for her husband, wang wang, parents and third parties, and revealing her family's personal information online.
The incident turned into the first case of cyber-violence. Faye Wong later sued a number of websites for violating her reputation. At this point,\" human flesh search \"from the Internet phenomenon to legal issues, and then appeared\" human flesh search the first case.\"
In May 2008, in a video, a woman spoke in a contemplated voice of“5. 12” on the earthquake and refugees in the disaster area of Sichuan Province. Subsequently, Internet users posted a post stating that the woman's details, including the identity card number, family members, specific address, QQ password, and the telephone number of the family. The police subsequently detained the woman.
In december 2013, high school student chi (alias) went shopping at a clothing store. Shortly after, a screenshot of the shopping was posted to the clothing store owner, calling the girl a thief. On the same day, Kiki's school and home address were exposed. After that, Kiki jumped into the river and died. As a result of the incident, the court sentenced the owner of the clothing store to one year's imprisonment for insult.
In August 2018, Sun took the seats of a high-speed rail train for a female passenger, continued to \"dominate\" after the female passengers got on board, and refused to communicate with the crew, saying \"cannot get up and cannot return the seats.\" Although skillfully evaded the punishment of flight attendants and police, but did not avoid the \"human flesh search\" crusade, its personal information was quickly turned upside down, all kinds of bad is made public. Under pressure of public opinion, sun later issued a public apology, the railway department announced that it was included in the list of breach of faith,180 days limited to all train seats.
``In the era of big data, the convenience of human meat search is increasing. ``Wang Sixin, a professor at China University of Media, said that the network has been integrated into people's lives, and that everyone keeps a lot of records in cyberspace every day, including some personal privacy, which facilitates``human flesh search'' .
According to Zheng Ning,\" human flesh search \"uses the information of many netizens to meet their own needs, has a strong pertinence. and the participation is large and the scope of influence is large.
At the same time, Article 12 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Civil Disputes Cases Concerning the Exploitation of the Information Network in the Exploitation of the Rights and Interests of the Person (hereinafter referred to as \"the Information Network \") stipulates that if a network user or a network service provider makes use of the network to disclose natural person's genetic information, medical records, health examination materials, criminal records, home addresses, private activities and other personal information, thereby causing harm to others, the person who has been infringed upon shall be held liable for the infringement, the people's court shall support it.
\"In addition to civil infringement, there may be criminal violations. Zheng said that if the \"human flesh search\" implementers were to obtain personal information through illegal means, there may also be suspected of violating the personal information of citizens.
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or shall only be fined; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever, in violation of the relevant regulations of the State, sells or provides to another person the personal information of a citizen obtained in the course of performing his duties or providing services, shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever steals or illegally acquires a citizen's personal information by other means shall be punished in accordance with the provisions of the first paragraph. Where a unit commits the crimes mentioned in the preceding three paragraphs, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crimes shall be punished in accordance with the provisions of the preceding paragraph.
Zheng Ning added that, at the same time, article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Certain Issues Concerning the Application of Law in Criminal Cases of Infringement of Citizens'Personal Information, stipulates that the provision of personal information for citizens to specific persons and the dissemination of personal information for citizens through information networks or other means shall be regarded as \"providing personal information for citizens\" as one of the provisions of Article 253 of the Criminal Law.
\"Finally, administrative violations. Article 42 of the Law on Administrative Penalties for Public Security stipulates that whoever peeps, takes pictures, eavesdrops or spreads acts of others'privacy shall be sentenced to detention of not more than five days or a fine of not more than five hundred yuan; if the circumstances are serious, he shall be sentenced to detention of not less than five days but not more than ten days and may also be fined not more than five hundred yuan. Article 44 of the Cybersecurity Law of the People's Republic of China stipulates that no individual or organization may steal or obtain personal information by other illegal means, and may not illegally sell or provide personal information to others. Zheng Ning said.
Zheng Ning analysis said: first of all, can be responsible for the network users here refers to the \"human flesh search\" initiators, information searchers and forum participants. In the event of \"human flesh search \", the network users publicly publish the relevant information of the parties and even fabricate false information, insult and slander the parties without obtaining the consent of the parties and even without the knowledge of the parties, and carry out personal attacks on the parties. This act has exceeded the bottom line of the law and seriously infringed upon the personal rights of others.
Second, network service providers can be held accountable. As a platform for Internet users to communicate, websites play a huge role in \"human flesh search \". Article 36, paragraph 2 of the Tort Liability Law stipulates:\" Where a network user commits an infringing act using a network service, the infringed party shall have the right to notify the network service provider to take such necessary measures as deleting, blocking and disconnecting the link. If the provider of a network service fails to take the necessary measures in time after receiving the notification, it shall be jointly and severally liable to the user for the expanded portion of the damage.\" In addition, article 36, paragraph 3, of the Tort Liability Law stipulates:\" A network service provider who is aware that the network user has used its network service to infringe upon the civil rights and interests of others and has not taken necessary measures shall be jointly and severally liable to the network user.\"
\"Therefore, it is also hard for web service providers to exonerate themselves from human flesh search. If the service provider doesn't fulfill its obligations, it's responsible.\" Zheng Ning said.
\"On the one hand, we should strengthen the publicity and education of relevant laws and regulations, guide the majority of netizens to fully understand the possible infringement and illegal consequences of human flesh search, improve the moral and legal consciousness of netizens, especially the majority of young people, and cultivate a healthy mentality and a sound personality; on the other hand, we should punish the violators according to law. Zheng Ning said.
In addition, mr. zheng said that people should not easily disclose personal information; mobile phone location services should be shut down as much as possible when not used to avoid being stolen; network account ip and password settings should be complex and diversified to avoid the occurrence of towing and bumping into the library; do not add unknown artificial wechat friends, do not provide opportunities for lurking hackers.
\"If encounter'human flesh search', want to report in time, safeguard rights in time.\" If the \"human flesh search\" behavior stays in cyberspace, let the platform deal with the initiators and participants in time; if it continues offline, that is, in real life, it needs to take physical measures to protect itself and report to the police in time.
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