The Criminal Law Regulation of Cyber Violence from the Perspective of Victim Protection
The denotation of cyber violence in China should not be too broad.The legal interests infringed by cyber violence should be limited to individual interests,excluding societal interests such as online order,and it is not appropriate to treat offline violence and traditional violence committed through the network as cyber violence.In the criminal law governance of cyber violence,the focus should be shifted from the traditional perpetrator regulation mode to the victim protection mode,and the relationship between free-dom of speech,victim protection and order maintenance should be dealt with properly.The viewpoint advocating the addition of a crime of cyber violence confuses the distinction between domain legislation and phenomenon legislation,which is worth questioning.The elements constituting crimes such as defamation in cyber violence cases and other crimes should be interpreted more broadly,emphasizing that"inform before taking action"does not equate to the provision of self-initiated cases but signifies respect for the victim's right to report.As gatekeepers controlling crucial aspects of internet ecosystem,online service providers should have the obligations of guarantors for both supervision and protection.
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维普
