Jurisprudence Reflection On The Cyber Violence And Its Governance

The rapid development of the Internet has not only provided a channel for the public to understand the complex world,but has also built a platform for people to express their views,so that they,regardless of social status,level of education,origin and occupation,are able to communicate and circulate their views and opinions in the public domain.The openness and anonymity of cyberspace make it easy for people to actively participate in the discussions of social affairs while exercising freedom of speech,which further enhances people’s enthusiasm to participate in public affairs.However,not all netizens can express their views rationally and objectively.On the Internet,there are often heated remarks and debates,some even infringe on the rights to reputation and to privacy of others,generating "cyber-violence",which does not have obvious institutional attributes,institutional background,but rather are actions of individual netizens,consisting of a large amount of individual netizens’ daily speech.This creates difficulties and problems for social governance of cyberspace,the timely and effective governance of which is necessary for the prevention of various social,psychological and emotional disorders and emotional unrest.On the one level,cyberviolence with crude language and offensive remarks can cause great psychological harm and damage to other individuals’ mental health,affect their daily life,on another level,it could have serious impact on the public’s psychology,creating a culture of abuse,causing distortion of people’s sense of judgement.It could also gradually develop into a habit,spread from online to offline,threatening the normal order of society.Cyber-violence is often gradually formed.The heated discussion of hot events by netizens gradually developes into cyber-violence against an individual or a group over a period of time.When cyber-violence takes place,it is often not detected or dealt with in time.The convenience and openness of the network determine the rapid and extensive dissemination of network speech,coupled with network anonymity,mean that identifying the subject of responsibility in network violence is often difficult.Moreover,due to individual differences,people’s understanding of the same network speech and degree of harm is often different,rendering conceptualizing and managing cyber-violence difficult.In addition,not every "cyber mob" is deliberately infringing on the interests and rights of others.The original intention of many is to condemn immoral or unjust people or behavior,but during the well-intentioned process of condemnation their words and actions across the line.In some serious cyber-violence cases,participants may not even realize that they have violated the interests of others due to the lack of accurate understanding of the nature of their words and actions.This is an important reason why cyber-violence is difficult to define,that is,the motivations and manifestations of cyber-violence are complex and diverse.On the basis of recognizing such diversity and complexity,promoting the diversification of the means of network violence governance will help realize judicial unification,realize the precision and effectiveness of network violence governance,and keep the network safe for everyone.This paper is divided into four parts,the first part begins with an examination of the nature,function and uniqueness of network speech.In turn,it reflects on the value of freedom of speech on the internet in promoting democratization and realizing fairness and justice.By considering the risks involved in freedom of speech on the internet and the.theory of just limitation on fundamental rights,it is shown that the exercise of freedom of speech on the internet should have boundaries observe necessary limits.The second part analyzes the meaning of cyber-violence from four aspects,including violence attributes,motivational attributes,form and group characteristics.This is followed by in-depth discussions of the formation of cyber-violence and a variety of complex motivations.The third part looks at the current situation of China’s cyber-violence governance and risks involved,covering the relevant laws and regulations,departmental regulatory measures,industry self-discipline,and network technology governance.Attention is also focused on the risks that each means may encounter in the process of governance,attempts to find a balance between the control of network violence and the protection of freedom of expression on the internet.The fourth part puts forward the means to further optimize the control and regulation of cyber-violence,and argues from different perspectives that the types of cyber-violence should determine the means of governance and regulation,paying particular attention to different degrees of harm and different motives.