How can the legal regulations be more accurate?

Faye Wong, who was known as the "First Case of China Cyber ​​violence" in 2008, has been sentenced to 14 years since the case of violations of reputation. The "Liu Xuezhou Suicide Incident", "Hangzhou Women's Courier and Rumor Derailled Case", "Shanghai Women's Rewarding Takeaway by the Internet" and other malignant incidents.

Effectively governing network violence, we cannot send the spontaneity of the hopes for online culture. It should be used as "drunk driving" to purify the table culture, "high -altitude parabolic punishment" to ensure the security on the top of the head, and the anti -domestic violence method reduces the domestic violence. Generally, the highly accurate legal terms are used to regulate the stubborn diseases that are repeatedly banned. In contrast, the main body of the control responsibility is unclear, the legal terms are distributed loose, the special documents are low, and the lack of specialized laws for regulation is the shortcomings that are currently effective in order to effectively control the network of violence.

Accurately define the sensitivity of cyber violence to improve governance

As we all know, network violence is huge, and with the refinement of the Internet platform, diversification of users, and immediate dissemination, the harm presents the characteristics of increasing indexes.

First of all, the network rumors accompanied by cyber violence confuse the truth, and the characteristics of violence accelerate the "silent spiral", so that those who master the truth dare not speak. Secondly, the human flesh search and script of the people under the Internet storm infringe the rights and interests of the parties are generally damaged by reputation, privacy rights, and even the right to live and health. Thirdly, the culture of the cyber violence will affect the moral values ​​and cause the Internet culture to extremes. Everyone is afraid to become the next victim, which will cause group panic to escape from the Internet and hinder the construction of a harmonious society.

Cyber ​​violence is not a legal concept. In existing legal, regulations and standardized documents, and guiding documents, lack of regulations on the connotation and extension of cyber violence, and lack of regulatory methods. The descriptive vocabulary of the "space+behavior" of cyber violence is only a phenomenon description of infringement. It is easy to confuse the concept of phenomenon to generalize the concept of cyber violence and reduce the sensitivity of governance. The Internet platform, whether a certain behavior belongs to cyber violence, is often full of many ambiguity understanding and uncertain value judgments.

It is impossible to accurately define cyber violence, which will lead to the cannot be found and identified the manifestation and direction of cyber violence in time. For netizens, sometimes self -consciousness is "exploring the truth" and "pursuing justice", but in fact, it has infringed the right to reputation and privacy of others; for regulatory agencies and online platforms, public opinion will stop fearing to affect social supervision, etc. It is too late to discover that when the effect of the Internet violent waterfall effect is formed, it is too late to post a document and disconnection; for the judicial authority, the legal definition of lack of cyber violence can only respond to the parties in response to whether it is in line with the infringement. Relative.

Taking "cyber violence" as the keyword to search in the Chinese referee document network. Among the 50 judgments and rulings, the court did not interpret the word cyber violence involved in the plaintiff's claim or the defendant's defense. How to conduct legal evaluation of violence is based on whether it constitutes the right to infringe privacy or reputation. When defending rights in the form of infringement, due to the problem of positioning difficulties caused by the definition of blurring, the judgment of the judge was swinging.

The lack of legal definition of cyber violence may lead to errors that put cyber violence in the level of rights rather than independent evaluation.

How can we define cyber violence from law? For the definition of cyber violence, the method of "concept+enumeration" should be adopted: on the one hand, the definition method of domestic violence is used to define the network violence as -network users to send slanderity, insulting and instigating audio -visual text and other methods. Implementation of reputation, spiritual infringement and other violations. On the other hand, the legal enumeration method of drawing on personal information, incorporating human flesh search, private disclosure of personal information, insulting personal attacks, soft violence and personal threats, etc., are included in the definition of cyber violence.

The purpose of accurately defining the legal concept of cyber violence is to identify, prevent, and independent protection in time, while comprehensive prevention and control of cyber violence requires a anti -network violence law similar to anti -domestic violence law.

Precision regulation of network violence to improve the concentration of governance

my country currently has eight special legislations that regulate network space including cyber security law, data security law, and personal information protection law. There are 21 related laws, including law and order management punishment law and civil code, and there are related laws involving the Internet. Criminal Law, the "Decision of the Standing Committee of the National People's Congress on Maintaining Internet Security" and 10 criminal laws of the 10 related judicial interpretations. The legal terms of the current regulatory network storm show two characteristics: increasingly perfect and loose.

When his people's rights and interests are violated by cyber violence, according to the provisions of Article 1194 to 1197 of the Civil Code, web users or network service providers shall bear corresponding infringement responsibilities for the use of the Internet to infringe on the civil rights and interests of others. Three elements of infringement, damage results, and causal relationship.

When cyber violence has constituted illegal acts that violate public security management, in accordance with the provisions of Article 42 of the Public Security Management Punishment Law, punishment for public security management according to law shall be given in accordance with the degree of behavior hazards. Article 42 stipulates that if one of the following behaviors is one of the following behaviors, if you are detained for less than 5 days or a fine of less than 500 yuan; if the circumstances are heavier, the detention of more than 5 days and less than 10 days can be punished. The letter may be threatened by other methods to threaten others' safety; (2) openly insulting others or fabricating the facts slandering others; (3) fabricating the facts to framed others, trying to cause others to be criminally investigated or punished by public security management; Witnesses and their close relatives threatened, insulted, beat or fight revenge; (5) Sending obscene, insult, intimidation, or other information many times to interfere with others' normal life; Essence Most cyber violence will fall into the above 6 situations. When the degree of harm of cyber violence is suspected of crime, such acts such as criminal regulations can be applied. On December 28, 2000, the Standing Committee of the National People's Congress approved by the Standing Committee of the National People's Congress on maintaining the security of Internet security, using the Internet to insult others or fabricate the facts slandering others, in accordance with the relevant provisions of the Criminal Law, investigate criminal responsibility. The most common is the insult and slander crime stipulated in Article 246 of the Criminal Law. If violence or other methods, openly insulted others or fabricate the facts to slander others. If the circumstances are serious, they will be sentenced to imprisonment, detention, control, or depriving political rights for less than 3 years. The first paragraph was told to deal with it, except for the serious endangering social order and national interests. Through the first paragraph stipulated by the information network, the victim told the people's court, but if the evidence is indeed difficult, the people's court may ask the public security organs to provide assistance.

The "Explanation of Several Issues on Applying Laws on the Application of Criminal Cases and other criminal cases such as the use of information networks such as information networks" shall be clearly implemented. The use of information network slandering others, the same slander information is actually clicked and viewed more than 5,000 times, or the number of retweets has reached more than 500 times, causing serious consequences such as the mental disorders, self -harm, suicide, etc. of the victims or their close relatives, etc., etc., etc. It should be identified as "serious circumstances" stipulated in Article 246, paragraph 1 of the Criminal Law, and constitutes a crime of defamation. The explanation also stipulates that the use of information networks to abuse and intimidate others, harsh circumstances, and destroy social order, in order to provoke crime and punishment; fabricate false information, or know that it is a fabricated false information, scattered on the information network, or organizes or instructions If the personnel scattered on the information network, they are coaxing and troubled, causing serious chaos of public order, and punishment for crime of provoking trouble; on the grounds of publishing and deleting network information on the information network Those who are larger, or have implemented the above behavior many times, shall be punished for extortion.

In addition to the common insulting and defamation crime, one of Article 287 of the Criminal Law Amendment (9) illegally utilized information network crimes, Article 287 to help information network crime activities, Article 291, paragraph 2 The crime of fabrication, intentional dissemination of false information, and one of the 253rds after the amendment violate the personal information of citizens. Users and Internet platforms have increased the management and control obligations of broad risk of information network crimes.

In addition to legal norms, after a major cyber incident, the Internet regulatory authorities will also issue special notifications to curb the trend of network violence and strengthen supervision and supervision. On December 15, 2019, the National Internet Information Office announced that the ecological governance of network information content stipulates that the content producers of network information content shall not produce, replicate, publish an insult or slander of others, infringe illegal information about the reputation, privacy, and other legitimate rights and interests of others. For serious violations of this regulation, punishment measures such as restricting network information services, online behavior restrictions, and industry ban are implemented in accordance with laws and regulations. In August 2021, the Central Cyberspace Office promulgated the "Notice on Further Strengthening the" Rice Circle "chaos governance" and put forward 10 remediation measures. Social media such as Weibo and Douban Or turn off.

In summary, it can be seen that the current laws and regulations for governing cyber violence are relatively scattered. The legislative model of the exploration of the special law is an important way to effectively control cyber violence in the future.

Improve the prevention of network violence mechanisms to improve protection.

First of all, consolidate platform responsibilities and timely dismantle violence. Throughout the cyber violence incidents that cause vicious consequences, the process must have all stages of starting, outbreak, and tide. When cyber violence is surging, the platform must discover the first disconnection and alarm when the personal information is disclosed by illegal disclosure, and the police will be notified by the police. This requires regulatory authorities to guide the optimization algorithm of the Internet platform, to be able to discover and identify cyber violence in time.

Secondly, clarify the main responsibility and resolve the "difficulty in obtaining evidence". Cyber ​​storms have a mouth, getting evidence to run broken legs. The victims must not only fix the information posted on the Internet, but also suck the Internet platform to obtain the subject information of the perpetrator account in the civil lawsuit. The compensation of the mental damage ranges from 2000 yuan to 20,000 yuan. It is often impossible to fill in notarization and lawyers' fees, and it is more discussing punitive compensation. Therefore, the subject of high -altitude parabolic and noise pollution shall be drawn from the public security organs or online information departments. Third, expand the scope of public prosecution of cyber violence, and strengthen strikes. The "self -prosecution to public prosecution" of cyber violence is increasingly supported by the public, especially when criminal slanders and insults have no specific reasons to unspecified individuals, causing the risk of unspecified individual reputation in strangers society. It can be prosecuted for defamation behavior and insults as an exception.

The scope of expanding the scope of public prosecution is conducive to collecting evidence, the rights of the victims of equal protection of the network violence, and more conducive to the psychology of deterning the "law who does not blame the public". For the so -called network "water army", which organizes the implementation of such criminal behaviors for the purpose of obtaining illegal interests, as a scholar's suggestion, it is necessary to give full play to the function of the confiscation system of illegal income and deprive the "water army" property income.

Finally, strengthen the propaganda of riot to allow victims to be protected and relieved. Cyber ​​violence is often sudden and aggressive. Most of the Internet users lack the experience and capabilities of response. Therefore, Internet regulatory authorities and online platforms should actively produce manuals for preventing network violence and set up rioting prompts on the significant parts of the webpage. Tourism, rescue services.

For example, in the face of online violence, ordinary users need to learn to use notarization methods to fix evidence, seek help from people around them, and temporarily stay away from the network environment. For a large number of major perpetrators who leak personal information, insult, and slander Open the link and complain to the online information department and filed a lawsuit with the court. According to the provisions of Article 997 of the Civil Code on the ban on personality rights, the civil subject has evidence to prove that the actor is implementing or will soon infringe its personality rights. The right to apply to the people's court to apply to the people's court to order measures to stop the actor. Therefore, if necessary, the application for personnel rights behavior is very helpful for reducing the instant hazards and dissemination of cyber violence.

(The article was originally contained in the Chinese Women's Daily)

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