An Analysis Of The Responsibility Of Violence In Network Language

The development of information network bring many benefits to people’s lives,one of the great is broaden people’s voice.On the one hand,people can speak freely in the network society,it’s only takes a few minutes to register on the websides,then you can sand messages on any websides.But the Internet is a double-edged sword,because these messages are not restricted in network society,so the infringement of network language violence come out.In recent years,the network language violence events emerge endlessly,from ordinary people to entertainment stars,even the government officials were hurt by language violence.A word,a picture,a news is likely to be triggered massive network language violence,more and more people hate the language violence on the network.Network language violence brought the damage from online to offline slowly,the property rights of the person also will be affected,some people even kill themselves because of the unbearable pressure,such cases are not rare.In order to further standardize the network language,to purify the Internet language,this article will be a tort liability form of network language of light to analysis,because only to realize the network language violence constitutes infringement can further forcefully to suit the remedy to the case of network language violence regulation and effective guidance.This article will begin with four different cases.These four cases respectively represent the flesh search,abuse,rumors and other network language violence tort type,through analysis these cases,the article will concluded the concept of network language violence infringement and network language violence generated by the network itself has no threshold,anonymity;And because of the information storage,also makes the language of the violence on the Internet to hurt by the infringer’s far worse than when it happens in real society.Second,this article will compare the network language violence tort with the language violence in real society,it is concluded that the network language violence necessary to separate out and discussed.This part will also explore the two main parties of social network: network users and network service providers.The network language violence is mainly as a behavior of users,mainly including the use of personal attack glossary,libel and spreading rumours and flesh search;Network service providers are not take timely delete inappropriate comments,blockade related account.Because the network language violence of infringement behavior person always to defend the freedom of speech for yourself,so it is necessary to distinguish the difference between freedom of speech and language violence,this paper holds that the core difference between the language violence and freedom of speech is not with whether or not to use inappropriate language,but the discussion of the object.As long as it is for the discussion of public affairs belong to freedom of expression,in view of the public figures to discuss belongs to the freedom ofspeech,in a certain range and on the public affairs,the public figures of inappropriate messages,comments constitute infringement of language violence.Third,the article will analyze network language violence tort imputation principle.Tort imputation principle is the core of tort liability law.For network users,because it is the main implementer of network language violence tort,therefore should apply the principle of the most restrictive process;For network service provider,this paper argues that the network service provider applies the principle of fault liability,the fault does not mean that no cheak reviews one by one,because of the huge amounts of information,the network service provider can not regulate the network language environment in advance,so the fault here mainly refers to the network users know or should know the network language violence of the presence of the infringement,not in a reasonable time to take the necessary measures to reduce the network language violence damage.At the end of the paper will analyze network language violence tort and the damage effects of causality.The current mainstream view of academia is the network language violence tort damage range is only material damage consequences,but this paper argues that in the network society and realistic social contact is more and more to close,now the network language violence tort injury consequence can damage caused by the infringer material completely.For network language violence tort theory of causality should apply a causal relationship.The bad effects of Internet language violence becomes more and more serious,many countries have adopted laws to regulate the network language enviroment.To purify the network language environment,effective control of the network language violence,our country also successively introduced the relevant laws and regulations.On the one hand,need legal effective regulation,on the other hand,improve the quality of network users,the ability to distinguish things also is indispensable,the two are complementary to each other.