1. What are the legal bases for the punishment of cyber violence?
According to the relevant laws of our country, the legal basis for punishing cyber violence is the Public Security Administration Punishment Law, the Criminal Law, the judicial interpretation of cyber libel and other criminal cases.
II. Relevant laws and regulations
Interpretation of some issues concerning the application of law in handling criminal cases of libel through information network.
Article 1 In any of the following circumstances, it shall be deemed as "fabricating facts to slander others" as stipulated in the first paragraph of Article 246 of the Criminal Law:
(a) fabricating facts that damage the reputation of others and spreading them on the information network, or organizing or instructing personnel to spread them on the information network;
(2) Tampering with the original information content involving others on the information network as a fact that damages the reputation of others, spreading it on the information network, or organizing or instructing personnel to spread it on the information network;
Knowing that it is a fabricated fact that damages the reputation of others and spreads it on the information network, if the circumstances are bad, it is regarded as "fabricating facts to slander others".
Article 2 Whoever uses the information network to slander others in any of the following circumstances shall be deemed as "serious" as stipulated in the first paragraph of Article 246th of the Criminal Law:
(1) The same defamatory information has actually been clicked or viewed more than 5,000 times, or has been forwarded more than 500 times;
(2) Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives;
(3) Defaming others within two years after being punished by administrative punishment for defamation;
(4) Other serious circumstances.
Article 3 Whoever uses the information network to slander others in any of the following circumstances shall be deemed as "seriously endangering social order and national interests" as stipulated in the second paragraph of Article 246th of the Criminal Law:
(1) Causing mass incidents;
(2) Causing public disorder;
(3) Causing ethnic and religious conflicts;
(four) slander many people, causing adverse social impact;
(5) Damaging the national image and seriously endangering the national interests;
(6) Causing adverse international influence;
(seven) other circumstances that seriously endanger social order and national interests.
Article 4 Whoever uses the information network to slander others for many times within one year, without treatment, and the number of times the defamatory information is actually clicked, browsed and forwarded is accumulated, which constitutes a crime, shall be convicted and punished according to law.
Article 5 Whoever uses information network to insult or intimidate others, if the circumstances are bad and disturb social order, shall be convicted and punished for the crime of stirring up trouble in accordance with the provisions of Item (2) of Paragraph 1 of Article 293 of the Criminal Law.
Whoever fabricates false information, or knowingly spreads it on the information network, or organizes or instructs people to spread it on the information network, thus causing serious social disorder, shall be convicted and punished for the crime of stirring up trouble in accordance with Item (4) of Paragraph 1 of Article 293 of the Criminal Law.
The above knowledge is my answer to relevant legal questions. According to the relevant laws of our country, the legal basis of cyber violence punishment includes public security management punishment law, criminal law, judicial interpretation of criminal cases such as cyber libel, etc.