Criminal Law Regulation of Internet Violence
https://doi.org/10.17803/2587-9723.2024.7.143-151
Abstract
Vicious incidents caused by internet violence that seriously pollute the Internet ecology. Internet violence is an anomalous act that uses the Internet as a medium to endanger the normal order of the Internet and infringe on the personal rights and interests of others through insults, slander, human flesh searches and other behaviors. At the criminal law level, insult and defamation are the main crimes that criminal law applies to internet violence. When applying criminal law to regulate internet violence, there is a phenomenon that "the law does not punish the public" and existing crimes are poorly regulated or even absent. To deal with internet violence at the criminal law level, we should clearly define the boundaries of criminal law’s involvement in social governance, clarify the responsible parties, and adjust the scope of application of relevant crimes.
About the Author
Lian-Jie WangChina
Wang Lian-Jie - Researcher at the Chinese-Russian Center for Comparative Law at Henan University.
Kaifeng
References
1. Cai Rong. The Legitimacy of Criminalizing ‘Cyber Language Violence’ and Its Dogmatic Analysis // Journal of Southwest University of Political Science and Law. 2018 (2).
2. Cai Rong. The Legitimacy of Criminalizing ‘Cyber Language Violence’ and Its Dogmatic Analysis // Journal of Southwest University of Political Science and Law. 2018 (2).
3. Ding Han-Qing, Han Yue. Events and Communication: An Analysis of the Influencing Factors of the Dissemination Power of Cyber Violence Events — Based on a Qualitative Comparative Analysis (QCA) of 49 Cases of Cyber Violence // Journal of Guangzhou University (Social Science Edition). 2023 (1).
4. Hou Yu-Bo. Motivations and Influencing Factors of Chinese Netizens’ Cyber Violence // Journal of Peking University (Philosophy and Social Sciences). 2017 (1).
5. Jiang Tao. Criminal Law Governance of Online Rumors: A Constitutional Perspective // China Legal Science. 2021 (3).
6. Liu Xian-Quan,Zhou Zi-Jian. The Dilemma of Criminal Legal Regulation of Cyber Violence and Its Solutions // Research on Rule of Law. 2023 (3).
7. Liu Xiao-hang. The Dilemma and Response of Criminal Legal Regulation of Cyber Violence // Social Sciences of Beijing. 2023 (5).
8. Liu Yan-Hong. Concepts, Logic, and Pathways: Research on the Legal Governance of Cyber Violence // Jiang-Huai Tribune. 2022 (6).
9. Liu Yanhong. Intergenerational Characteristics of Cybercrime in the Web 3.0 Era and Criminal Law Responses // Global Law Review. 2020 (5).
10. Luo Xiang. Path Selection and Reflection on the Criminal Legal Regulation of Cyber Violence: A Focus on the Splitting of the Crime of Insult // Peking University Law Journal. 2024 (2).
11. Shi Jing-Hai. Criminal Law Questions on the Qualitative Consensus of ‘Minor Injury’ in Intentional Injury Cases — A Perspective on Complete Legal Application under the Relationship of General and Specific Provisions of Criminal Law // Modern Law Science. 2017 (3).
12. Shi Jing-Hai. Criminal Law Questions on the Qualitative Consensus of ‘Minor Injury’ in Intentional Injury Cases — A Perspective on Complete Legal Application under the Relationship of General and Specific Provisions of Criminal Law // Modern Law Science. 2017 (3).
13. Shi Jing-Hai. On the Substance of Cyber Violence and the Improvement of Criminal Law Application Rules // Science of Law (Journal of Northwest University of Political Science and Law). 2023 (5).
14. Yu Hai-Song. Multidimensional Co-Governance of Cyber Violence — An Expansion Focused on Criminal Law // Jiang-Han Tribune. 2023 (5).
15. Zhang Ming-kai. Exploration of Controversial Issues in Online Defamation // China Legal Science. 2015 (30).
16. Zhang Zhe-Rui. Criminal Law Responses to Cyber Violence-Type Cumulative Offenders // Dong Yue Tribune. 2024 (4).
Review
For citations:
Wang L. Criminal Law Regulation of Internet Violence. Legal Science in China and Russia. 2024;(7):143-151. https://doi.org/10.17803/2587-9723.2024.7.143-151