| Along with China's information era and the overall popularity of the Internet,network tentacles have penetrated into all aspects of people's lives.In June 2019,the China Internet Network Information Center published the 44th China Internet Development Statistics report,which shows that the number of Internet users in China reached 854 million,the Internet prevalence rate reached 61.2 percent,and the proportion of Internet users using mobile phones to access the Internet reached 99.1 percent,which means that more than 60 percent of the population can access the network in a more convenient and immediate manner.Widening the channels of information dissemination makes the information flow with expediency,the public opinion expression is unprecedented active,and the network becomes the free zone of public opinion.Freedom can bring us many benefits,but unfortunately,this extremely free environment also causes very serious social problems--among them the emergence of "cyber manhunt" and cyber violence.From the malicious online-scolding caused by the incompatibility of views,to insulting,slanderin,9 disclosing privacy then links to the real life troubles of normal people,the seemingly virtual cyber violence is constantly extending from the network to the reality,exerting pressure on individuals and collectives,seriously affecting the normal social life order,causing other people's right to privacy,reputation,personal health and other legitimate rights and interests to be infringed.Among the many manifestations of online violence,"cyber manhunt " is the most controversial and typical manifestation of cyber violence.people use "cyber manhunt" as a tool to collect information widely and search for the "truth" of certain events.Under the background of Internet openness and anonymity,"cyber manhunt"makes the freedom of expression of netizens be realized to a great extent,but the search and exposure of the information of others will inevitably touch on the legitimate rights and interests of others,such as privacy,reputation and personal information,which is precisely its controversy.At the same time,as a group behavior,cyber manhunt" participants also have impulsive,violent,single polarization and other group psychological characteristics,more easily form a whirlpool of public opinion,become the most typical form of cyber violence.The violence related to cyber manhunt" involves not only the virtual world,but also deeply involved in the real daily life,which is a new challenge to the law system in the information era.From the angle of jurisprudence,this paper discusses the conflict of rights and the deep-seated contradiction about the pursuit of different legal values in violence related to "cyber manhunt".In addition to the introduction and conclusion,this paper is divided into three chapters.First chapter raises questions to "Deyang female doctor case"as an example,through combing the case facts of parts to cyber manhunt result in violent process,raises the theoretical analysis of the "cyber manhunt" and cyber violence in detail the concept and characteristics of "cyber manhunt",especially the reasons behind raising frequency of "cyber manhunt",and violence related to "cyber manhunt" on an overlapping basis.The second part uses dichotomy to explain the conflict of rights and the cause in the "cyber manhunt" between public and private rights.The third part is the focus and difficulty of this paper.In this part,firstly from the perspective of jurisprudence to regulate the "cyber manhunt" type of network violence legal basis,and then under the guidance of the basic principles of resolving the conflict of rights,combined with the existing relevant laws and regulations in China,especially the official implementation of the "Internet information content ecological governance provisions" related to "cyber manhunt" provisions,the author put forward some ideas about the violence related to "cyber manhunt" legal regulation. |
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