Research on the Criminal Law Regulation of Cyber Violence

Abstract

Cyber violence has evolved from individual anomie into a severe social problem with organized and industrialized features. The existing criminal law regulation system, which centers on the crime of insult and the crime of defamation, is facing structural dilemmas including vague definition, excessively high criminalization threshold, difficulties in causation determination, and the absence of platform liability. Adopting personality structure theory, communication theory and criminal law dogmatics as research methods, this paper analyzes the causes and criminal characteristics of cyber violence as well as the regulatory shortcomings of the current normative system. By comparing and drawing on overseas legislative experience, this paper demonstrates the legitimacy of criminal law intervention based on legal interest protection and the principle of proportionality. On this basis, it puts forward targeted paths such as enacting a special criminal offense, improving the constitutive elements of existing crimes, refining electronic evidence rules, strengthening the criminal liability of online platforms, and optimizing the conversion mechanism from private prosecution to public prosecution, so as to construct a multi-level regulatory system featuring the coordination of criminal law, civil remedies, administrative supervision and technical governance.