Research On The Criminal Law Of Cyber Violence

With the rise and development of Internet technology,the application of the Internet is closely linked to the daily life of the general public.While giving the public convenience,improper Internet application has also given rise to a series of illegal and criminal incidents.Cybercrime has also become the most common means of committing crimes,and crimes caused by cyber violence are on the rise.In recent years,cases related to cyber violence have emerged,such as the case of Dr.An in Deyang,a mother in Nanjing committed suicide to pay for her dog’s life,and the incident of a woman jumping off a building after rewarding an errand boy with 200 yuan,which not only caused the "social death" of the person concerned,but also led to the death of the person concerned by suicide.Although cybercrime is different from traditional crime,but from its destructive,impact and other aspects,network violence should be more widely concerned,but at present China’s regulation of network violence mostly use civil law and administrative law means,whether the criminal law should be involved in regulating network violence is still more controversial.Internet violence not only seriously violates the personal rights of citizens but also causes damage to the stable social order,based on this,it should be incorporated into the criminal law system as soon as possible,the criminal law crimes involved in the crime of Internet violence are crimes of infringement of citizens’ personal information,insult,defamation,provocation and nuisance,etc.However,there are certain problems in the application of the above crimes to Internet violence,such as the crime of infringement of citizens’ personal information is not comprehensive,the scope of personal information is not clear;insult,defamation,provocation and nuisance,etc.The scope of personal information is not clear;the statutory penalty for insult and defamation is low,and it is difficult to identify the subject of the act;whether the social order in the crime of provocation and nuisance is equal to the order of cyberspace.In this paper,we propose measures to improve different types of cyber violence,including improving the manner of criminal behavior,clarifying different types of personal information,improving the crime of insult and defamation,clarifying the subjects and responsibilities of cyber violence,and improving relevant judicial interpretations,in order to improve the provisions of China’s criminal law on cyber violence,so as to guarantee the healthy and orderly development of China’s network environment.The first part briefly introduces the background of this paper,and summarizes the current situation of domestic and foreign research on cyber violence.The second part provides an overview of cyber violence,defining the definition,characteristics and manifestations of cyber violence,and laying the foundation for the whole paper.The third part analyzes the current situation and problems of China’s criminal law regulating cyber violence with typical cases of cyber violence,and further explores the shortcomings of China’s current regulation of cyber violence.In the fourth part,three countries,namely,the United States,South Korea,and Germany,are selected for analysis to summarize their experiences in regulating cyber violence,with a view to making reference to the regulation of cyber violence in China.The fifth part proposes improvement measures and related suggestions for the problems of China’s criminal law regulation of online violence.