“人肉搜索”的刑法学思考

Thought on "Human Flesh Search" in Criminal Rules

"人肉搜索"作为一种新兴的信息搜索方式,近几年愈发吸引社会关注。人们在赞叹"人肉搜索"为社会环境净化带来积极作用的同时,也看到网络暴力事件的频频发生。在隐私权的内涵如何界定在实体法上还没有明确规定,学界意见尚未统一的情况下,将"人肉搜索"纳入刑法规制明显不当,面临诸多障碍。针对"人肉搜索"产生的负面影响,应主要从民事责任角度加以调整。"人肉搜索"的部分行为类型也可构成刑法现有的侮辱罪、诽谤罪以及出售、非法提供公民个人信息罪。

The ＂human flesh search＂ plays the role of a new information search mode, and has attractd social concern in recent years. People praise ＂ human flesh search＂ for its function in purification of the social environment, but at the same time, people see network violence occurred frequently. When the substantive law does not make clear regulation on how to define the connotation of privacy, and academic opinions have not reached an agreement, the ＂human flesh search＂ entering into the criminal law regulation is obvioulys inappropriate. Facing many obstacles, in view of the negative effect of ＂human flesh search＂, this behavour should be mainly adjusted by civil liability. However, parts of behavours may also constitute a criminal behavior, such as insult, libel, and illegally selling and providing citizens＂ personal information.