The Civil Legal Regulation Of Network Violence

With the advent of the era of information,The Internet has become people to another platform of public communication.The formation of "cyber violence" is more complex in a network environment.It is the formation of Internet users,news media,information technology and other elements of these combined results.Different disciplines Scholars for what is a network violence have published different opinions,but the law have not gave special legal interpretation to "network violence".It is generally defined by scholars in the legal profession as offensive,provocative and insulting remarks published on the Internet,which result in the damage to the right of reputation and privacy.In this paper,the "network violence" as a kind of network tort.That is the infringement in the network environment,in violation of the law of obligation to act or omission,violate other people's privacy,reputation and other personal rights and property rights,in accordance with the need for legal responsibility for their behavior.Because it is in the virtual network environment of tort,so relative to the general tort has its own particularity.At present,there is no specific substantive law in China can directly deal with the problem of network violence infringement.People's Republic of China Network Security Act 2016.However,it is only one of the articles of law to be used to infringe on the reputation and privacy of others,most of the legal provisions on network violence are scattered in other departments.Therefore,how to directly and effectively identify the network of violent acts of infringement,how to directly pursue the responsibility of the network of violence violations,there are still some legal difficulties.Around this problem,this paper has done the following work.First of all,an overview of network violence and specific analysis of the definition of network violence and its formation and development,on the basis of analyzing the manifestation of the network violence,it analyzes its characteristics and essence.We points out its harm,next on the basis of the limitation of the legal regulation in our country,the author puts forward some suggestions on perfecting the relevant laws of network violence.In addition,this paper selects the United States,Germany,South Korea,the legal regulation experience comparison,summed up the experience of our legal violence can learn from the experience.The last one,on the basis of the limitation of the legal regulation in our country,the author puts forward some suggestions on perfecting the relevant laws of network violence.Including the right to privacy legislation improve the responsibility of network service providers,implement the background real name system,define the standard of network violence infringement and strengthen law enforcement supervision.