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The Legal Regulation Methods Of Cyber Language Violence In The View Of Personality Interests

Posted on:2020-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2416330578979097Subject:legal
Abstract/Summary:PDF Full Text Request
Cyber language violence is a special social phenomenon emerged with the development of the Internet.However,there is no clear definition of the cyber language violence and divergent discussions are heated in the jurisprudential circle.From the perspective of infringement of civil rights,unlike cyber manhunt,cyber language violence will cause psychological and spiritual damage to others,and the main infringement is the personality right represented by right of reputation.This paper focus on the analysis of the legal regulation methods of natural person suffering from cyber language violence and the main ideas are as follows:Firstly,starting from the semantics of "cyber language violence",the paper clarifies the boundary between it and freedom of speech,and analyzes the changeable causes of cyber language violence from four aspects of individual subjectivity,history and culture,public opinion orientation and network supervision.Secondly,it demonstrates the current legislative situation and realistic predicament of regulating network language violence.Thirdly,on the one hand,based on the characterization of the concept of "personality interest",the paper probes into the category of personality interest infringement of cyber language violence from two aspects of general personality right and specific personality right,and on the other hand,discusses the theoretical basis of regulating cyber language violence in the light of the theories like the vulnerability of human dignity and so on.Finally,combined with the investigation and comment of the extraterritorial related regulation measures,explores the specific feasible methods of regulating cyber language violence from three aspects of rule construction,supervision law enforcement and individual ethics under the premise of following the two principles of rights coordination and legal excellence.
Keywords/Search Tags:cyber language violence, freedom of speech, legal regulation method
PDF Full Text Request
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