The Qin Dynasty makes the same score legal daily news analyst
On August 17, hunan police is reported external say, because be suspected of managing blame, blackmail hardship illegally, chen Jie of network big V's person is adopted lawfully criminal coercive measures
The person that in recent years to Chen Jie's person the activity knows somewhat knows, he can go to today this one step is not unexpected. Before this he the behavior of bottom lines of a variety of serious exceed law, the end that has been him is buried played a hint foreshadowing later developments in a story. Do evil to cannot live oneself, the network is not the ground outside the law, the name of justice of false fairness of big V of a few so called networks, disobey the social morality, fact that destroys state law all right, get finally of law punishing severely also is inevitable.
Backdate arrives 5 years before, on the history that built in law of our country Internet 2013, it is a year when have mark sex sense. Be in this year, " procuratorate of top people court, top people uses website sth resembling a net to carry out about dealing with calumniatory wait for criminal case applicable law the explanation of a certain number of problems " (abbreviation " information slanders judicatory explains " ) came on stage. Before this, although people agrees with active legal laws and regulations to be on Internet ought to termless applicable, but in judicatory practice how specific and applicable still lack uniform standard and basis. Information slanders judicatory explanation solved this problem, for delimit of network opinion on public affairs blame and the bounds that are not a blame. Later, fire of fire of the Qin Dynasty, stand 2 tear open 4 those who wait for a batch to be what one is particularly good at with start a rumour " network big V " confused sift enters the arm of the law. Carry out a proof, the judicatory that calumniatory judicatory explanation is in information to govern the illegal crime activity such as network rumor lawfully in recent years produced main effect in practice.
The 6th when this one judicatory explains, the 7th sets respectively, "Go up in website sth resembling a net in order to release, delete wait for means to handle network news for, minatory, threaten another person, ask for state-private property, number is larger perhaps carry out afore-mentioned behavior for many times, according to criminal law the 274th regulation convictions with blackmail blame punishment " ; "Disobey national regulation to be a purpose in order to seek profits, pass website sth resembling a net paid offerring cutout post to information serves or be known perfectly well is false information, through the network paid offer release the service such as information, disturbed market order... conviction with managing a hardship illegally " . Release the content that reports with media according to police, contrast afore-mentioned legal provisions, to the property of behavior of Chen Jie's person, wide readership should be met have a basic judgement.
Our country is law state, the law can be depended on, the law is depended on surely is the mainest demand. Since law has specific provision, so no matter be to become famous the network big V of all corners of the country, still be wet behind the ears anonymous junior, everybody is equal before law, everybody did not surmount legal prerogative. Chen Jie's person is same also, big V also is not the umbrella of illegal crime.
The can cause people from media attention of Chen Jie's person, because he is hitting Ning to regard supervisory flag,be greatly. In fact, proper Ning is talked supervise to deepening reform, drive a society to develop progress, maintain the right of people and interest, advance social fairness just sense is great. It is however in reality, a few public opinion are supervised changed however flavour. No matter be news of medium of a few years ago 21 centuries the Hao of prime culprit Shenyang in extortionate case, the Chen Jie's person that still is today, we believe before long the ideal that they once had had news and pursuit, aspire does iron shoulder to carry the professional news person of morality and justice; But in the spring tide of market economy they lost way very quickly, forgot first heart, replaced with greedy heart once the profession is ideal, kidnap with money Ning talking is supervised simply, make one stake stake so called public opinion controls the dirty business that reduces a hundred per cent.
Undeniable, information age, say from particular significance, attention is productivity, Ning also can bring rich and generous economy profit by consequence. Big V of a few alleged networks is in just about after realizing this, be satisfied at vermicelli made from bean starch no longer adore with follow, be eager to showing speech adaptability in tactics however. They operate actively time and again public opinion, let make the tool that its seek profit illegally from fair number of media, small letter. To achieve a goal, they not hesitate out of thin air, start a rumour calumniatory, confound right and wrong. The social responsibility that the media nature that controls for monetary place can abandon medium and take on, then the stage property that so called fair justice became them to perform. More important is, their doing, disturbed greatly the valuation of people, misdirect the public opinion on the net, poisonned network air, destroyed network order, affected a network to develop from the health of media.
A lot of people can have similar feeling, appear socially every time incident of a heat, network big V people can flock and go up, messages of all sorts of cramped of true and false fly all over the sky, after people looked these news not only not was close to the truth, leave the truth further and further instead. Big V of a few networks turns over a hand to be pluvial ground for cloud Fu hand for respective interest incendiary, blend let fact and dispute become more and more punch-drunk. Because look in them,be probably, the public whether understanding truth, whether it is not important to distinguish right from wrong, important is network big V people whether gain an interest from which. For this, these networks are large V can become justice dirty trading fig leaf.
From media times, everybody has microphone, everybody can be the promulgator of information and observer, the opinion on public affairs of people never resembles so free today. Dan Yan talking has freedom, law has border, have a bottom line more, any opinion on public affairs that break through legal bottom line, any start a rumour that are excuse with free speech, calumniatory, extortionate it is legal place cannot allow, also will get of law punish severely.
From Qin Huo fire, stand 2 tear open 4 to Zhou Lubao, Dong Rubin, Ge Qiwei, arrive again Chen Jie's person, there is no lack of today in what develop from media risk danger in desperation person, defy the law person, majestic law society also again and again with one stake stake hard fact admonishs they: Profanatory the person that rule by law pays heavy price necessarily. The case that believes Chen Jie's person can let more people again from which derive lesson, get inspiration.
News sees a drop moreRecord of fire of fire of the Qin Dynasty
Fire of the Qin Dynasty, original name Qin Zhihui. Came in December 2012 between August 2013, he is used " east fire of fire of earthy the Qin Dynasty " , " fire of the Qin Huo on the Huaihe River " , " fire of phlogistic yellow Qin Huo " etc small gain account is concoctive damage Luo Yuan, Yang Lan, Zhang Haidi to wait for person honorary fact, dispersed on website sth resembling a net, cause many netizen transmit and negative comment. On August 20, 2013, because Qin Zhihui is suspected of provoke affray managing a hardship blame, illegally, by Beijing police lawfully criminal is detained.
On April 17, 2014, qin Zhihui is sentenced in court of Beijing rising sun 3 years of set term of imprisonments.
Ge Qiwei
Ge Qiwei, profess entire media reporter, free contributor. Came 2010 the consequence that he gets on in the network through oneself, make reputation of other of transmission rumor, baleful enroach on in cold blood, benefit of benefit of illegal seize go on a pilgrimage for Buddhist scriptures.
Public security bureau of Heng Yang city reported Hunan Province on August 29, 2013: Ge Qiwei in order to be suspected of provoke affray blame by punishment arrest. Final, the court sentences Ge Qiwei set term of imprisonment 6 years with blackmail blame, punish gold 120 thousand yuan.
Stand 2 tear open 4 cases
Stand 2 tear open 4, true name Yang Xiuyu, yang Xiuyu and its company (Beijing Er Ma is interactive sale engineers limited company) the sea after passing n/med the process of preparing Chinese medicine " monk boat shake " incident, plan " dry dad 8.88 million belt my charter flight sees London Olympic Games " , the alleged network celebrity such as hype Guo beautiful beauty, Gan Loulou passes website sth resembling a net for many times paid offer delete information serves and release false information to serve to send its money greatly in the behind the curtain. In August 2013, because Yang Xiuyu is suspected of affray blame mixes provoke to manage a blame illegally to be detained by Beijing police criminal.
On November 18, 2014, culture of a beauty of Beijing Er Ma transmits interactive sale of Ma of Er of finite liability company, Beijing to engineer limited company, yang Xiuyu, Lu Mei manages one case illegally to be in Beijing to face south in the morning the court is adjudged. 4 the accused all are formed manage a hardship illegally, yang Xiuyu first instance obtains punishment 4 years, fine 150 thousand; Lu plum first instance obtains punishment 1 year half, fine 30 thousand; Company of Er Ma a beauty is sentenced fine 500 thousand; Er Ma interactive company is sentenced fine 200 thousand yuan. Yang Xiuyu expresses to accept judicial court decision, Lu Mei to express clearly not to appeal.
Dong Rubin case
Dong Rubin, net name " people living on the frontiers " , the network writes hand, columnist. Since 2009, dong Rubin participates in the heat incident of hype, sensitive incident to be amounted to more than cases 10, many transmit and comment home, provincial heat incident. Carry this kind of kind just about, dong Rubin is gathering name to fish for money in the future. March 2011, name of admire of some legal entity finds Kunming Dong Rubin, with contributive 90 thousand yuan are a condition, entrust direct Huang that baleful hype has contradiction to it 4 brother. Direct call together paragraph of person such as such-and-such, Wang Mou quickly to engineer hype. Use the film " let bullet fly " piece go-between content " Huang Silang " graft one twig on another is become " Huang Si wolf " , fabricate its to be destroyed for police " Hong Xingbang " the member of gang of gangdom property crime, issue relevant card 36, the network clicks a quantity more than 480 thousand times. On October 16, 2013, approval of 5 China area procuratorate arrest Dong Rubin, police maintains his to be suspected of make a false report registering manage capital, illegally, 3 accusation such as provoke affray. On July 23, 2014, court of people of 5 China divisions is opposite Kunming city lawfully Dong Rubin of the accused person is opposite with managing blame, provoke affray hardship illegally Dong Rubin decides to carry out a set term of imprisonment 6 years 6 0 months, punish gold 350 thousand yuan.
On December 4, 2014, court of Kunming city intermediate people is open make 2 careful adjudge: Preserve first instance 6 years to Dong Rubin half term of imprisonment adjudicates.
Case of 21 centuries medium
Shen Hao, former president of 21 centuries medium. Ever drew up " always a kind of force lets us burst into tears " " although news died, also can leave saint countless " wait for classical statement, be acted according to to be one of God in the heart by person of generation China media. On November 20, 2014, shen Hao by Shanghai people procuratorate the first branch department is approved lawfully catch. Classics police is investigated, 21 centuries network is main experience case two respects: It is to pass negative news to coerce the company pays collaboration fee, 2 be collection company ' protection is expended ' , acceptance is incorrect its have negative story.
Made first instance adjudicate on December 24, 2015, shen Hao commits blackmail crime, force to trade blame, functionary embezzlement blame, the set term of imprisonment that be sentenced 4 years, punish gold 60 thousand yuan. The lawsuit of the accused unit such as company of 21 centuries medium represents the average per capita of great majority the accused such as person and Shen Hao to state obedient court adjudicates, do not appeal.
