Research On Legal Regulation Of Network Violence In The New Media Era

With the continuous advancement of science and technology,the Internet provides a platform for users to share information in the process of its booming development,and at the same time,it also generates some negative problems in the information age.In the new media era,due to the lack of effective supervision on the network platform,some netizens freely express their opinions without restraint,resulting in network misconduct,which leads to the emergence of network violence.The appearance of network violence not only disturbs the order of Internet space,but also causes great harm to the victims' body and mind.On March 1,2020,the regulations on ecological governance of network information content came into force,regulating human flesh search,forgery and account manipulation in the phenomenon of cyber violence.Starting from the emergence of network violence,this paper introduces the manifestation of domestic network violence,and analyzes the current situation and governance dilemma of domestic network violence.As the problem of cyber violence continues to evolve,how to better regulate these phenomena is the challenge we are now facing.On the basis of the existing laws and regulations,we need to make Suggestions on the regulation of the phenomenon of cyber violence in the new media era and guide the benign development of the network environment in our country by combining with our national conditions and drawing on the legislative and governance experience of cyber violence in other countries.This paper is divided into five parts:The first part summarizes the phenomenon of network violence,through the analysis of the domestic and foreign research status of network violence,to understand the formation of the phenomenon of network violence and the current governance state.According to the viewpoints of domestic and foreign scholars,this paper analyzes a series of problems in the formation and development of cyber violence.The second part discusses the network violence,through the discussion of the connotation of network violence,clear the definition of network violence and several main forms of expression,analysis and demonstration of network violence and network tolerance ofa reasonable demarcation point.Through the analysis of the characteristics of the phenomenon of network violence in the new media era,the reader's understanding of the phenomenon of network violence is deepened.The third part introduces the relevant provisions of China's current legislation and the current situation of the governance of cyber violence in judicial practice,and further clarifies the importance of maintaining the network order.Through the problems existing in the judicial application,a series of problems are found,such as the absence of legislation in cyberspace,the difficulty in identifying the torts,the unclear way of assuming responsibility and the unclear standard of assuming responsibility on the network platform.The fourth part introduces the governance measures and advanced legislative experience against the cyber violence in civil law countries and common law countries.Combined with the experience and lessons of foreign network violence governance,this paper provides experience and enlightenment for domestic network problems.The fifth part introduces the legislation perfection of network violence in the new media era.This paper discusses the implementation of network real-name system,the responsibility of network operation platform and sentencing standard.In order to effectively deal with the phenomenon of network violence,it is necessary to strengthen the industry self-discipline and strict supervision of network platforms,and strengthen the management of society and individuals in network platforms.The comprehensive control of network violence requires joint efforts from various aspects.