Research on Platform Obligations in Governing Cyberviolence
In recent years,the serious cyberviolence has frequently occurred,which makes the public appeal for its legal governance,especially the application of the criminal law to govern it.Although the punishment of the abuser is indispensable,the prevention function of Internet service providers in governing cyberviolence needs attention.The crime of refusing to perform the obligation of information web security management has rarely been applied in practice.However,the nature of its non-performance and the specific obligation contents should be clarified.As a pure non-performance,the crime of refusing to perform the information web security management obligation should be stipulated by law and its obligations should be provided by the law.Furthermore,the obligation should be based on the type of web service provider so as to avoid making it a burden to the provider.Specifically in the governing cyberviolence,the contents of information web security management obligations should be detailed on the basis of general provisions,and only by the substantive judgment of control ability and strict determination of constituent elements can we avoid improper expansion of the scope of crime.
CyberviolenceWeb Service ProviderPure Nonperformances of Information ContentManagement Obligation
万方数据
维普
