Purpose Interpretation in the Regulation of Cyber Violence:Positioning and Practical Choices
The advent of the internet has brought both technological advancements and challenges to the rule of law in the digital age.In recent years,numerous social incidents related to cyber violence have surfaced,revealing issues such as the unclear definition of cyber violence,ambiguous accountability of perpetrators,and incomplete legislation.Faced with an increasingly complex external environment,purpose interpretation has gradually emerged as necessary in the context of the digital age,given its flexibility and normativity advantages.When resorting to criminal law measures for regulating cyber violence due to legislative deficiencies,purpose interpretation can help fill the gaps.By considering social realities,the unity of legal orders,and societal ethics,purpose interpretation can provide explanations for cyber violence incidents that align with societal developments and play a preventive role.In the practice of regulating cyber violence through criminal law,purpose interpretation should serve as a guide.It should be integrated with criminal policies to attribute offenses such as insult,defamation,and doxxing to cyber violence behaviors.However,caution must be exercised regarding the potential dangers of purpose interpretation,especially in cases where victims of cyber violence commit suicide.Upholding the principles of legality and maintaining legal stability,it is prudent to refrain from categorizing such cases as intentional injury or homicide until specific legislation is enacted,to avoid overreaction and infringement on citizens'freedoms.
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维普
