Research On The Path Of Protecting Minors' Rights After Being Bullied By Internet

In the age of Internet,with the development of information technology,campus bullying has gradually extended to the network,causing great mental harm to minors.Cyberspace not only provides convenience for the perpetrators of bullying to contact minors,but also reduces the risk of their being found and sued.Therefore,the phenomenon of minors suffering from Internet bullying is becoming more and more serious.It is imperative to prevent and regulate minors suffering from Internet bullying.In order to comply with this development trend,the state has made many beneficial explorations on the improvement of China's legal system in combination with China's specific national conditions.In the revised "law of the people's Republic of China on the protection of minors" in 2019,a chapter on network protection has been added,which clearly points out the forms and relief methods of minors suffering from network bullying,and strives to effectively protect their personal rights Benefit,purify the cyberspace,and ensure the healthy growth of minors.Through the analysis of the existing research and views,we can find that the concept and definition of the Internet bullying related to minors are still vague,and there are differences;through the selection of the judicial cases related to the topic,and the collation and analysis,we can summarize the judicial thinking and defects in the judicial events;through the collation of the legal provisions related to the topic,we can summarize the problems in the legislative settings;through Compared with the western countries,it is found that the part of social regulation of minors suffering from Internet bullying in China has not been fully standardized,and the protection awareness of network operators,minors and their guardians needs to be guided and strengthened.Therefore,it is the need of judicial and life practice to actively explore the regulatory path of minors suffering from Internet bullying in China.In order to explore the regulatory path,we should first clarify the conceptual characteristics and defining standards of minors suffering from Internet bullying,so as to provide legal theoretical basis for legislative and judicial protection.Secondly,through a lot of judgment analysis,it points out the current situation of the regulation of minors suffering from Internet bullying in the current judicial practice,and points out its regulatory dilemma.Finally,four regulatory paths are put forward: first,in terms of legislative regulation,we should give consideration to administrative control and civil relief,clarify the compensation system,strengthen the punishment and formulate special legislation for minors suffering from Internet bullying.Second,in terms of judicial regulation,it puts forward targeted suggestions from the perspective of different department laws: in the protection of civil law,it advocates to refer to the environmental pollution infringement cases,to reallocate the burden of proof,and to put forward the double ways of compensation for mental damage and property relief for the victims of bullying;in the protection of criminal law,it suggests that the perpetrators of Internet bullying and the bystanders cause serious or harmful circumstances In the protection of administrative law,we should improve the investigation mechanism of schools and responsible personnel and the supervision mechanism of internal law enforcement team.Third,in terms of social regulation,it is proposed to establish specialized social organizations and clarify the responsibilities of network operators.Fourth,it puts forward specific measures to strengthen the awareness of rights protection for minors and their guardians.