165438+1At one o'clock in the morning on October 2, the netizen "Little Swamp Sauce" sent a message for help, saying that her mother was a people's teacher in No.3 Middle School in xinzheng city, Henan Province, and she had died suddenly after being bombarded by online classes a few days ago. The public security organs have been involved in the investigation, and many teachers and students have issued a document saying that they have encountered an "online explosion".
What kind of existence is network explosion?
Some reporters actually found that someone turned the invasion into a "business". Some online exploders who disturb the classroom order still post small advertisements on many social platforms and take orders by forming social groups. Most of the members in the group are "post-00", and even some bombers who claim to be junior high school students say they are free, just for fun. As we all know, it is illegal for students to disturb the online classroom order by themselves or by inviting others in response to the teacher's behavior.
From a legal point of view, what responsibilities does this cyber blaster need to bear?
1, administrative penalty.
Article 42 of the Law on Public Security Administration Punishment stipulates: "Publicly insulting others or fabricating facts to slander others; Or repeatedly send obscene, insulting, threatening or other information, which interferes with the normal life of others, it can be punished by public security, and the highest administrative detention is 10. "
2. Civil compensation.
Article 1024 of the Civil Code stipulates: "Civil subjects enjoy the right of reputation. No organization or individual may infringe upon the reputation of others by insulting or slandering. "
Article 179 stipulates: "Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If death is caused, funeral expenses and death compensation shall also be paid. "
Civil compensation is independent of administration and punishment, that is to say, whether it is administrative punishment or punishment, the victim can file civil compensation.
3, the punishment of criminal law.
Article 246 of the Criminal Law stipulates: "Whoever publicly insults others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights."
The punishment of criminal law is very severe. This is a crime, which not only affects individuals, but also affects children's exams, employment, joining the army and so on. Many things involving political review are influential.
So can the umbrella of "minor" status be exempted from liability?
The Civil Code stipulates: "If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If the guardian fulfills his guardianship responsibility, he can reduce his tort liability. " ? As far as civil liability is concerned, children's boredom and pranks have caused tort consequences, and parents must pay the bill.
How to supervise and prevent network chaos?
1. Clarify the regulatory responsibilities of the platform.
For this kind of thing, the platform has a great responsibility. While providing services and benefits, you should screen and check customers, and restrain the various behaviors of netizens on their own platforms. Turning a blind eye or pretending to turn a blind eye will only make this phenomenon more and more rampant and the platform itself will be hit.
2. Severely punish the manipulator behind the phenomenon.
From these explosions, we can find that this is a disciplined group behavior, and it takes advantage of the identity of minors, teenagers' restlessness and excitement-seeking psychology, and has abetting and organizing behaviors, which is more hateful and terrible than those who expose online. They must be severely punished and removed from their roots.
Finally, I want to say a word to these young people who play mobile phones all day:
Mobile phone is indeed a good entertainment tool, but people's life is not just entertainment. It should be that we only have mobile phones and use them for entertainment, rather than being dominated by them. This is actually unconsciously entertaining others.
In addition, the internet is not a place of extra-legality, nor is it that the law does not blame the public. Everyone will be fine if they do this, and they will be fine themselves. You know, "it's not that you don't report it, it's not time." Think again, what should you do if one day these people turn around and "explode" you or your family? This society is regular, and all of us are based on constraints.
In addition, the world has a broader world besides mobile phones. If you look away from your mobile phone, you will see that the world is diverse, wonderful and changing rapidly. Technology is also constantly developing, mobile phones are not permanent, and you can change all this.