Study on the Transfer of Prosecution from Private to Public in Cases of Cyber Violence-based Insult and Defamation Crimes

Abstract

Network violence-type insult and defamation behaviors arose in the Internet Web3.0 era, which is essentially a kind of network behavior after the alienation of the misbehavior, with the current situation and development trend of the occurrence of group violence, diversification of the form, behavioral concealment and "industry chainization". The introduction of the Guiding Opinions on Punishing Network Violence and Illegal Crimes in accordance with the Law, through further clarifying the standards of public prosecution, clarifying the specific procedures of "private prosecution to public prosecution", and clarifying the obligation of public security organs to assist in obtaining evidence, to a certain extent solves the dilemmas mentioned above, but there are still certain obstacles in the practical operation, and this paper is intended to provide a clearer and more detailed explanation of the dilemmas of network violence and defamation behavior. This article intends to analyze the practical difficulties of transferring the self-indictment to public prosecution of insult and defamation, and provide solutions for the realistic handling of such cases.