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作为信息社会的表征之一,博客凭借其自身的技术特质得到了迅速的普及,同时也催生了包括法律责任在内的一系列问题。针对博客的刑事责任问题,以新近意大利司法判例为切入点,置身罪刑法定的基本立场,力图在梳理相关理论的基础上完成中国法制语境下该问题的解读。面对不同的非法行为样态,解决问题的根本指针在于深入挖掘并切实贯彻罪刑法定原则所蕴含的协调国家权力和个人权利的冲突以实现权利优先的根本价值诉求。
As one of the characteristics of the information society, the blog has been popularized rapidly due to its own technical characteristics, and it has also spawned a series of problems including legal liability. In view of the issue of criminal responsibility of blogs, taking the recent Italian judicial precedents as the starting point and placing itself in the basic position of legally prescribed punishment for crimes and punishments, it tries to complete the interpretation of the issue under the legal system of China on the basis of combing relevant theories. Faced with different patterns of illegal acts, the fundamental guideline for resolving the problem lies in thoroughly digging and earnestly implementing the principle of the principle of legally-prescribed punishment for coordinating the conflicts between state power and individual rights so as to realize the fundamental value aspirations of the priority of rights.