System governance of cyber violence in accordance with the law
May 31, 2023 10:15 Source: "Chinese Social Sciences" May 31, 2023 Total 2661 Author: Meng Suo Guo Zuolong

General Secretary Xi Jinping deeply pointed out at the symposium on network security and informatization,"Network space is a spiritual home for hundreds of millions of people。Network space Tianlang Qiqing、Good ecology,Conforms with the interests of the people。Cyber ​​space with smoke、Ecological deterioration,Not in line with the interests of the people。No one wants to live in a false false、Scam、Attack、Abuse、horror、Porn、Violent Space "。After the telecommunications network fraud,Internet violence has become the second largest tumor that endangers the good ecology of the network space。At the end of 2022,The Central Cyberspace Office issued the "Notice on Effectively Strengthening the Governance of Network Violence" (hereinafter referred to as "Notice"),The standardized system governance of cyber violence has made important progress。"Notice" reflects the technicalization of network violence、Socialization、The four major formation mechanisms of industrialization and reverse standardization,Strive to compact the responsibility of co -linking governance of the subject,Clarify the pre -prevention obligation of the "doorkeeper" of all parties。It is necessary to further through the "small incision" legislation of "Xiao Kuang Ling" in the future,Promote effective experience and policies documents in practice into special laws and regulations,and in key links、The integrity of the main system、System governance of advanced promoting cyber violence、source governance。

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Modern information technology society is a technology、Society、The structure of the four factors of the market and specifications embedded in each other。Modern social mechanism formed by cyber violence Bet365 app download comes from this structure,System schemes for governing cyber violence according to law。

At the technical level,The convenience of the Internet has reduced the cost of infringing on others,Just move your finger、Knock on the keyboard,You can implement violent crimes。This means that network violence is very easy to happen,It is also easy to form a scale。The connection of the Internet causes some netizens to implement infringement in groups in the psychological state of not blame the public and blindly psychological state。The anonymity and remoteness of the network cause the inhibitory lifting effect。In the network environment,A sense of constraints of people,Behavior is even more indulgent。Psychological research indicates,Facing real people,People’s sympathy and friendliness are significantly improved,But it is difficult to really feel the pain of others on the Internet。

At the social level,Modern citizens are willing to shape the social image through self -display,to actively disclose personal identity information to the public; or because of deep embedding the needs of the information society,So I have to disclose a lot of information to the relevant parties。Whether it is the self -disclosure of personal information and privacy information or passive leak,All the opportunity to accurately and violence for some netizens。The emergence of the Internet,It means that human beings can abandon the identity inherent in the real world for the first time in history,Speak what you want。In the Internet virtual environment,Elephant cognition of individuals can be expressed、The dark emotions of the individual are amplified,Eliminate them together on the Internet violence。Plus the complexity limited by the accountability procedure,The proper response of the high probability of the victim afterwards has also made online violence more rampant。

At the market level,Marx's "alienation" doctrine has a new chain extension Bet365 lotto review and organizational performance under the condition of "digital capitalism"。General Secretary Xi Jinping pointed out at the working conference of the central government in accordance with the law: "Digital economy、Internet finance、Artificial Intelligence、Big Data、Cloud computing and other new technologies and new applications quickly develop,Born a series of new formats and new modes,But the relevant legal system still has time difference、blank area。"" "information and digital economy should have been guaranteed by network security,Promote personal development and social harmony。But alienation of the Internet economy,"Network Water Army" appeared to insult、Defamation、Ballad、Rumor and other illegal information behaviors obtain benefits,Even the Internet black public relations,Seeing people as a simple collection of information and exchanges for benefits of buying and selling products,This is the alienation of information communication and digital economy and culture.。

At the standard level,The rules of the network platform are not meticulous enough、The staff is not equipped with insufficient enough、Factors such as poor regulation and lack of law enforcement mechanisms have caused the prevention and treatment of cyber violence to be unsatisfactory。Recently, many platforms have released the guidelines for anti -network violent guidelines as a progress。At the same time,Limited to the technical and human demand for cyber violence treatment,Some regional competent departments may "allocate limited resources",Cases that only cause public opinion,Make the perpetrator see a chance of chance。Specific speaking,One,"Civil Code" clearly stipulates that natural persons enjoy personality dignity,Enjoy privacy and personal information rights,Not insulted、The violation of slander。But the infringement liability in civil law requires the victim to sue,and the victim can hardly bet365 Play online games know the personal identity of the perpetrator,At this time, the court may not accept it。Its two,The "Public Security Management Punishment Law" stipulates the administrative detention punishment of blatantly insulting or slandering others。But the punishment of law and order is facing the problems of relatively scarce and reasonable allocation of law enforcement resources in different regions。Three,The Criminal Law stipulates the criminal responsibility of blatantly insulting or slandering others。But there is a limitation of judicial procedures for accountability,It requires self -prosecution,The victim is difficult to obtain evidence。The judicial organs have also introduced relevant judicial opinions to deal with the evil forces of the Internet,But there is still a series of problems in implementation。

  System mechanism of governing cyber violence according to law

It is impossible for modern people to completely reject the intervention and penetration of daily life,But we can use technology、Society、Market、Standards the positive improvement of the four factor and the main system regulations,Come out of the cage of online violence,True real realization of beautiful numbers in China。

At the technical level,Anonymous for the Internet,To strengthen the legal norms and network reality of real -name real names in the background,The possibility of accountability through accountability,Targeted、Publicity and Education、Algorithm warning、Shielding and intercepting, etc.,Make netizens inhibit their own violence。At the social level,Netizens themselves should pay attention to the protection of personal information and privacy,Non -necessary、Non -legal non -disclosure,Make the perpetrators less.。Protecting women、The group organization of the youth should be on the institution、Measures,Law and psychological support for the disadvantaged group when suffering from the web storm。At the market level,For many reports、The network water army or network organization bet365 live casino games processed,It must be strictly linking to deal with,Including prohibition (in a certain period) use network platform information facilities、Forbidden to engage in network information services。Refine rules,Network platform as an administrative subject for authorization and management,Refine rules,Before the netizens speak、Fully understand the relevant legal specifications and online community ethics。After receiving cyber violence reports and early warning,Timely processing the information at a glance,For the perpetrators, prohibit the prohibition。On the platform or law enforcement agency、The judicial organs finally confirmed that their behavior was illegal or after the community ethics,Pull the account number and even individuals into the blacklist、yellow list, etc.,and publicize it on the platform,Strengthening the consciousness of the responsibility of netizens。

The above system has begun to take shape in the "Notice"。For long -term plan,Liech of the above departments above、The structure of the full chain governance needs to be interpreted in a law specification system,Really form a joint force。For example,Considering legislative experience such as "Anti -Family Violence Law" and "Anti -Telecom Network Fraud Law",Develop a special "Anti -Network Violence Law",Promoting civil、Effective connection with administrative and criminal responsibility。separate legislation can specifically conduct system governance of cross -sector law on the basis of maintaining existing legal stability。First, on the legislative procedure,Solidice legislation can focus on related technical measures and law enforcement in the same program、Perfect of the judicial system,Avoid legislative resources caused by each improvement of relevant provisions in scattered laws、Terms of the terms of poor connection。Second is in the legal system,separate legislation Bet365 lotto review can maintain the relative stability and completeness of existing legal system,It can also introduce and improve a series of measures for network violence with outstanding information scenarios。Unified anti -network violence legislation can be fully、Personal harm to accurately convey cyber violence、Group harm and social harm,Focus on Promoting Technology、Society、Precise support for four dimensions of market and specifications、System integration governance pattern。

Unified anti -network violence legislation shall refine and improve the rules of accountability of responsibility,Realize collaborative and efficient governance pattern。Civil litigation shall establish a mechanism for the court to request the platform to provide the personal information of suspected perpetrators。Reference to Internet court settings in cross -founded areas,Public security penalties shall establish a mechanism of unified treatment of cyber violence in cross -founded areas,Make up the law enforcement forces and technical deficiency in grassroots regions。In criminal self -prosecution,It should be clear that the court requires law enforcement agencies to properly help collect relevant evidence,Clarifying to what extent the influence of cyber violence is in line with the "serious disruption of social order" self -prosecution public prosecution standards。These judicial、Perfect measures in law enforcement have been expanded by various places to varying degrees,For example, the case of "taking the courier women's rumors and derailment" case from a self -prosecution for public prosecution,But it needs to be further clarified in legislation、Standardized and systematic。Network Platform、Law Enforcement Organs、Judicial organs and other parties shall establish a collaborative linkage governance mode according to the classification of cyber violence,Promote the more mature setting of the system in all aspects。bet365 live casino games This important exploration of legislation in the field of digital security will further improve the level of social governance、Improve the social governance system。

  (Research on the Construction of Criminal Security Risk Prevention System of Digital Economy "by the major project of the National Social Science Foundation of China (21&ZD209) Pharmaceutical results)

(Author Unit: Beijing Agricultural College Rural Governance Research Center; Institute of Network Law of China University of Political Science and Law)

Editor in charge: Chen Jing
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