Research On The Liability Of Network Language Violence And Tort

According to the survey on people's livelihood,the number of netizens in China has reached 751 million by June 2017,with a total of 1,992 thousand new netizens added in the half year.The Internet penetration rate was 54.3 percent,up 1.1 percentage points from the end of 2016.So we can see that the mobile Internet has entered a rapid development period.The Internet has brought great convenience to our life.However,due to the virtual nature of the network itself,network users think that others cannot see me and do not know who I am.Some Internet users take advantage of this state of mind to spread rumors,maliciously attack,call others and even search others through human flesh.Online verbal violence not only damages the right of privacy and reputation of the infringed,but also damages the right of privacy and reputation of relatives and friends of the infringed,and even damages the body of the infringed.It can be seen that online language violence is seriously harmful,so it is necessary to regulate online language violence by law.Starting from the causes,characteristics and other aspects,this paper systematically studies and analyzes the liability for online language violence and infringement through the principles of liability attribution,liability composition and liability liability.As well as through our country present legislation present situation and bases on and the practice,makes the simple summary analysis to our country legislation insufficiency,proposed own some ideas.Based on the research theories of previous scholars,this paper makes a systematic and comprehensive study on the liability for infringement of Internet language violence.In addition to the foreword and conclusion,this paper is divided into five chapters.The first chapter,introduces the overview of network language violence.Through the comparison of network infringement,network language violence infringement and traditional language violence infringement,the connotation of network language violence infringement,the basic characteristics of the basic concept of network language violence infringement,the network language Simple analysis of the causes of violence.Chapter two first analyzes and interprets the legislation and practice of foreign countries,and then summarizes the current legislation and practice of China,so as to see the differences between China and foreign countries in the liability of infringement of network language violence,as well as the places China can learn from.In chapter 3,the content of the liability for tort of network language violence is analyzed in detail,including the imputation principle of the liability for tort of network language violence.And about the constitution of tort liability.It is essential to study the constitution of tort liability.The absence of any constitutive elements may lead to the non-constitution of general tort.Chapter four is,by studying the liability form,liability bearing and the origin of exemption of Internet language violence tort liability,the author clarifies the liability of all parties and the degree of liability,and tries to guide the doer's behavior in practice through theoretical research.Chapter five,based on the above research on the liability of tort of network language violence,puts forward the current legal status and deficiencies of China in the aspect of network language violence infringement,and looks at the problems in judicial practice through the analysis of specific cases.From a number of aspects from a more comprehensive proposal to improve.