The Research On Network Violence Tort

With the advent of the information era, the network has become another platform for communication. In recent years, along with the rapid development of the network forum, community, microblog and other network platforms, network violence emerged over and over again, which had bad influences on the party and society. Network violence is not a legal concept, the academia also defines differently on it. Many scholars of jurisprudential circle think network violence is a kind of network infringement. So it has its own particularity when compared with the general tort. In general, network violence generally characterized by internet rumors, personal malicious attacks, excessive human flesh search and other forms. Network violence tortfeasor in a networked environment, violated its obligations under the law, to act or omission of the way, violated the privacy of others, reputation and other personal rights and property rights, according to the law need to be accountable legal act can be called violence network tort. The cognizance of network violence tort mainly come from its elements of liability and analysis of tort liability defense. These four elements- harm behavior, damage results, the causal relationship between damage behavior and damage result, and the fault of doer, as the liability of network violence tort are indispensable. Identified violence network tort liability exemptions include consent to be infringed, accident, fair use, proper dissemination and fair comment and so on. In China there is no specific law can respond directly to network violence tort and legal regulations for network violence tort mostly dispersed in other department law. In reality, therefore, the identification of network violence tort exists certain difficulties as well as the accountability of the doer. When the laws and regulations of network violence tort can’t meet the development of real networks, the further improvement of the legal regulation is urgent. On the basis of the status of our country, the laws and regulations of network violence tort can’t be immediately implemented. This is a long-term and gradual process. In this process, first of all need to "advance the prevention," "things in control," "after the relief" be regulated in three aspects, followed by legal means and other means need to cooperate mutually and promote the construction of the socialist legal system jointly with Chinese characteristics.