On The Legal Regulation Of Internet Violence

In recent years, with the rapid development of China's Internet, the number of Chinese netizens is increasing. Today, the Internet has become one of the essential means that the human obtain the resources for information rapidly. While the human is enjoying the convenience brought by the Internet, "Network violence" is born as a by-product. Its adverse impact is spreading via the network. "Network violence" is not the real visible act of violence and it is different from the traditional violence in reality. It is a kind of virtual violence and it will hurt others by publishing the remarks online directly or indirectly. "Network violence" should be effectively controlled because it have had a lot of bad or very serious impact whether for the parties or for the participants, both on the network or on the real life world.In the March 18,2008, Fei Wang sued three Web site because of infringing Reputation and Privacy of himself. The case was called as " the first case of network violence" or" the first case of human flesh search". Based on the current background of the common phenomenon of network violence, a legislative study is carried out in this thesis, which generally follows a basic train of thought as proposal of problem,analysis of problem,solution of problem. This article analyzes the main focus of controversy and proposes legal response to solve violence network.There are five sections included in this thesis. In the first sectiong, a general introduction of research background, research approaches, main idea and current research progress are presented. The second section is about introduction and legal analysis for the case. In this section, the main three focus of controversy are elaborated detailedly. The third section is related legal theory and review of network violence. The author introduces the content, features, expression of network violent, so that the readers will have a more comprehensive understanding of network violent. In the fourth section, the urgency of exploration about the countermeasure against network violent is discussed. Based on the investigation of available laws and legislation, the discussion on the issue of network violent is carried out in the following three aspects:legislative system, network monitoring and civic consciousness are uncoordinated the development of Internet. In the end of this section, according to the discussion about the necessity of an efficient solution, the gravity of this social problem is more highlighted. In the last section, the study on the countermeasures against network violent is demonstrated. Based on the analysis presented in the previous sections, three levels of countermeasures which are about legislation, law enforcement, law-abiding are proposed. In the five parts of the discourse, the second part and the fifth part are the key part of this article.In the current academic, most scholars discussed network violent mainly from the perspective of sociology and communication, but the author try to analyze from a legal point of view and put forward some suggestions. In the fourth section, the author also analyzes the relevant provisions of "People's Republic of Tort Law" which had been approved in December 26,2009. In the last section, the author also try to present the strategy about evidence on the network and Mental Damage of Internet Infringement.