自媒体时代网络暴力的规制路径

The Regulatory Path of Online Violence in the Era of Self-Media

摘要: 自媒体时代，随着网络环境的变化，网络暴力的发生存在着不断泛化的趋势，任何人都可能成为被网暴的对象。网络暴力因其传播的不可控性、群体参与性以及危害范围扩大化等特征，在治理层面一直存在困境。构建“自诉–公诉”的二元追诉模式，降低自诉案件的立案证明标准，完善公安机关辅助收集证据的程序，推动建立刑事司法与行政执法的衔接机制。以期有效遏制网络暴力行为，维护网络空间的秩序和公民的合法权益。

Abstract: In the era of self-media, with the changes in the network environment, the occurrence of cyber violence has a tendency to become more and more generalized, and anyone may become the target of cyber violence. Cyber violence has always been in a dilemma at the governance level due to its characteristics such as uncontrollable spread, group participation, and the expansion of the scope of harm. A dual prosecution model of "private prosecution and public prosecution" is to be established, the evidentiary standards for filing private prosecution cases are to be lowered, procedures for public security agencies to assist in evidence collection are to be improved, and a mechanism for coordination between criminal justice and administrative enforcement is to be promoted. This aims to effectively curb online violence, maintain order in cyberspace, and protect the legitimate rights and interests of citizens.