网络暴力的刑法规制路径探索

Exploring the Criminal Laws and Regulations Path of Cyber Violence

摘要: 网络暴力的高速增长已严重污染网络空间的生态环境，也成为法治建设的阻碍。然而，受制于网络暴力群体性、对立性、匿名性、欺凌性等特征，刑法对其性质认定较为困难。在运用刑法手段对网络暴力规制的情况下，面临着网络暴力中的语言性暴力行为难以认定为侮辱罪、诽谤罪以及网络暴力中的“人肉”搜索行为难以认定为侵犯公民个人信息罪等现实困境，对此，有必要完善网络暴力的侮辱罪、诽谤罪刑法的适用规则；合理判断是否构成侵犯公民个人信息罪；明确网络暴力行为入罪认定标准。

Abstract: The rapid growth of cyberviolence has seriously contaminated the ecological environment of cyberspace and has also become an obstacle to the construction of the rule of law. However, due to the group, antagonistic, anonymous and bullying nature of cyberviolence, it is difficult for criminal law to recognize its nature. In the use of criminal law to regulate cyber violence, faced with the cyber violence of verbal violence is difficult to recognize as the crime of insult, defamation, and cyber violence of “human flesh” search behavior is difficult to recognize as the crime of infringing on the personal information of citizens and other practical dilemmas, in this regard, there is a need to improve the cyber violence of the crime of insult, defamation criminal law rules; reasonable judgment whether it constitutes infringement of citizens’ personal information. In this regard, it is necessary to improve the rules for the application of the criminal law of insult and defamation in the case of cyberviolence; to reasonably determine whether it constitutes a crime of infringing on citizens’ personal information; and to clarify the criteria for criminalizing cyberviolence.