Solving the Legal Regulatory Dilemma of Cyber Violence:an Analysis Based on Type Thinking Methodology
The conceptual thinking-based approach for combating cyber violence is limited to closed conceptual thinking,which is incapable of describing the types of cyber violence in real world.Moreover,this approach is difficult to subsume emerging cyber violence,leads to the imbalance in the allocation of responsibility for the offences relating to the categorization of cyber violence,and hinders the systematic formation of rules of anti-cyberviolence relating to the compartmentalized concepts.In foreign coun-tries,the regulatory approach against cyber violence is constructed upon the description of the types of cyber bullying,cyber har-assment and cyber stalking,which has been incorporated into specific provisions by means of legislative revisions and judicial de-cisions.This type thinking-based approach has potential utility for China,the application of which could facilitate objective inter-pretation of pertinent provisions in accordance with"the core meaning"of each specific category and promote transformation of the legislators'purpose into the purpose of law.Meanwhile,by applying this type thinking-based approach,the current normative framework for combating cyber violence in China could be further improved by adding crimes such as the crime of cyber stalking and corresponding pre-crime regulation,by incorporating cyber intimidation,cyber bullying,cyber stalking and other detrimental cyber activities into the legal assessment system,by establishing a responsibility ladder,and by introducing novel regulatory methods to effectively combat cyber violence.
type thinkingclosed conceptual thinking of cyber violencecategorization concepts of cyber violencecompartmen-talized concepts of cyber violenceresponsibility laddering
万方数据
维普
