The traditional way of legal governance for cyber violence that causes serious consequences such as suicide of victims is to consider whether objective attribution of such personal harm can be carried out.However,limited to the general doctrine knowledge of causality and responsibility principles,the controversy of attribution is very large,and the law is difficult to effectively carry out governance.The draft of the judicial opinions on internet violence takes serious conse-quences as the inducement of bad influence,which means that serious consequences can be analyzed as other notable inter-ests'infringement in criminal law.Thus,we shift from the exceptional attribution of the serious consequences of cyber vio-lence to the normal consideration of the types of harm characterized by serious consequences.The modern way to use law to ensure digital trust is,when such serious consequences represent the fundamental damage that has already been suffered by social relations,such serious consequences can not only be attributed,but also can be used as procedural conditions for moving from private prosecution to public prosecution;When such serious consequences represent the serious destruction of public confidence and trust in the security of the network system,such serious consequences can also be used as the cir-cumstances of criminal sentencing and the standard for instituting public interest litigation.
关键词
信息网络安全/制度信任/人肉搜索/拒不履行网络安全管理义务罪/反网络暴力法
Key words
information network security/institutional trust/human flesh search/crime of refusing to perform net-work security management obligations/anti-cyberviolence law
维普
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