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Internet Violence And The Relevant Legal Regulation

Posted on:2011-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2166360305957316Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The thesis gives a comprehensive and systematic explanation and demonstration to the internet violence and human nature. In this paper, issues involved: what is internet? What is internet violence? Why do internet exist"violence"? Whether the government needs, whether can be, and how to curb violence in network? The following idea leads this thesis: internet violence is closely related to the characteristics of new age internet, the inducing factors of internet violence are rooted in the basic elements of human nature,legal regulation of Internet violence should fully consider and respect the interaction of internet and human nature.The thesis falls into four parts.The first part centers on"the internet and the internet violence". This part provides a comprehensive statement on the basic theory such as the definition of the internet, the meaning and form of information, the purpose and the function of the internet, the effects of internet on human, and the meaning of internet violence.The thesis first raises the issue that the purpose of internet is to strengthen the capacity of people to control the information, so that people can learn the truth and then control and change their life. The basic purpose of the internet is the starting point and destination of all behaviors and rules. Under the premise of this theoretical presumption, the thesis gives a comprehensive demonstration on the relationship between internet and internet violence. By analyzing the Web2.0 age we know that people want to show themselves and be themselves, and because of this, people become violent. Subsequently, the paper focused on the connotation and extension of the internet violence, in order to define the definition. The so-called internet violence is a kind of information, which has the effect of violence. The behavior (phenomenon) of internet violence is publishing, transmitting, storing this information. In order to distinguish such behavior, the paper put forward the criterion. First,does anyone think that the information will stimulate public aversion and hatred to the parties? Second, will the information mobilize or guide the public to find out the parties then punish them? Third, on the whole, does the information is the lack of serious social, political, cultural and aesthetic value? This section is about the problems of "what is the internet? What is the internet violence?" It lays the foundation of discussions below.The second part is the"research of internet violence". This part want to answer the question that why there are internet violence. Paper first summarized the violence inside and outside factors, which induced the internet violence. The author points out that the "passive emotional release" and "active pursuit of ethics" of internet users is the inside factors, some structure created by ICP and their irresponsible marketing are outside factors. In this part, we also proposed the concept of structure. Structure is the artificial creation. The structure will help technology to change people, while it is in the service of people. On the basis of papers on the hidden triggers the root causes behind the exploration and demonstration. The basic cause is human nature. Human nature is divided into two areas: talent and cultivation. The talent includes curiosity and creativity. The cultivation includes cognitive, emotional and spiritual. Because human nature is like this, people are changing the environment, at the same time, are changed by the environment. In the internet, the human nature is magnified by the information environment. ICP's strategy marketing uses the internet users'talent, and make them very easy to become irritable and violent.The third part of the paper is"the theoretical basis and practical ideas of legal control". In this section we point that theories on freedom of expression can be used to guide the regulation of free speech on the internet. At the same time this regulation will not harm to the values of freedom of expression, and therefore have legitimacy. Besides, the main ideas of regulation is: first, the government needs to standardize the structure of ICP, second, the government needs to design and develop a normative structure for the network placed in the virtual world, and provides institutional support.The fourth part of the paper is"the legal regulation of internet violence". This part wants to provide ideas and measures for the legal regulation. Papers focus on demonstration of"strengthen of network service provider of legal obligations and social responsibility." The paper provides sound legislative proposals for our legislators, based on the learning from foreign laws and Chinese laws. Finally, the article discusses the principle and functional of real name registration and practical implementation. We point out that the real name registration is one of the normative structures for internet. It can exert a regulatory role in people, in order to act the purpose of regulating the internet. Now, the real name registration maybe the best way to regulate the internet acts, but there still a lot of problems in the way. So the paper advises that we need to implement the real name registration when the time is ripe.In short , this thesis is a trial to interpret the mystery of the internet violence, from the"internet, human nature and the law"point of view. It aims at helping people see clearly what kind of world the internet is, what is the life in this world, and what ICP did to us. And helping us to recognize our own strengths and limitations, is another contribution of the thesis. Despite the author's imagination is greater than fact, "working behind closed doors"to some extent may be more likely to avoid the interference of outside, in this way, we can also closer to the truth and achieve the ideal.
Keywords/Search Tags:Internet Violence, Human Nature, Legal Regulation
PDF Full Text Request
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