Regulating Cyber Violence:Academic Analysis of Normative Judgement and Theoretical Basis
Cyber violence incidents have frequently attracted great attention of the whole society,and relevant research has continued to heat up.However,some basic academic issues need to be clarified urgently.Based on the methodology of"unification of logic and history",this article uses a method that combines multiple-case studies and text analysis to conduct an academic analysis of the normative judgement and the theoretical basis in the researches on cyber violence governance.The research finds that there is a big gap between the existing research on whether the behaviors in the sample cases are illegal and the judicial reality.Most of the identification of what kinds of illegal behaviors doesn't meet the standard of the normative judgement.Besides,the theoretical basis adopted by the researches in which the sample cases are characterized as cyber violence is mostly specious,and the misuse of the theory abounds.As a result,researchers'characterization of behaviors in cases of cyber violence tends to be expanded,vague,and one-sided.Not only is it unable to provide the necessary academic support for the legalization of cyber violence governance,but it also may mislead the policy orientation and judicial practice of cyber violence governance,which deserves great attention on the issue.
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