The Research On Infringement Regulation Of "Network Violence"

Network as a virtual society,has become more and more deeping into the real life of the people.On the one hand,the network provides a more extensive communication platform,more convenient and efficient information;On the other hand,the rapid development of the network also produceds a derivative-“network violence”.In recent years,with the rapid development of microblogging and forums,the events of “network violence” continue to occur.The so-called“network violence”,the law has not yet given its legal interpretation,the theory of its concept also have different views,most of the legal professors believe that “network violence” is a kind of network infringement,which is caused by the virtual network,So compared with the traditional violent tort,it has its own particularity,and the general performance of “network violence” is the network language violence and the proliferation of human flesh search.Although the infringement occurred on the network,but it is the same as social reality violence,often also bring great trouble to the real life of others,which needs to be regulated by law.From the view of the “network violence” infringement regulation,this article is expected to achieve better results in the governance of the phenomenon of “network violence” in China.In addition to the introduction,this article is divided into fourth parts:The first part is the introduction of “network violence” infringement problem,Based on the first case of “network violence” in China,which leads to the theme of “network violence”,and then analyzes the concept of “network violence”,and points it as a type of network infringement,and then analyzes its manifestation and the difference from traditional violent infringement.The second part is the current situation of domestic “network violence” infringement regulation.Mainly from the relevant provisions of the domestic legislation to sort out the“network violence” tort liability composition analysis,combined with the Supreme People’s Court published guidelines to analyze the judicial practice in China is how to operate,and finally summed up the inadequacies of the current situation of infringement regulation is mainly due to the existence of difficulties for the infringer,the principle of tort liability is flawed,the tort liability is unclear and the judicial relief is limited.The third part is the current situation of foreign “network violence” infringement regulation and its reference to China.Through the study of the current situation of the infringement and regulation of the four countries of the United States,Britain,South Korea and Germany,and summarize their lessons,Such as the United States and Germany for the classification of network service providers,the implementation of the South Korean real-name system and the reasons for failure etc.Which will provide an important reference to the “network violence” infringement regulation in China.The fourth part is the perfection of infringement regulation of “network violence” in China.Mainly for the lack of the current situation of domestic “network violence” infringement regulation,Put forward the corresponding perfect suggestions,The suggestions mainly from three aspects which are the infringement of the identified,tort liability and judicial relief to proceed,it will be better and more comprehensive resistance to “network violence” tort occurred.