| When the communication and dialogue between people appear on the Internet,cyber violence has quietly appeared.Freedom of speech needs boundaries,and improper speech needs to be regulated reasonably.In order to effectively regulate network violence,our country has gradually carried out a series of regulation activities,with remarkable results.However,as there are no legal provisions against "cyber violence",the existing regulation means have not achieved the balance between freedom of speech and rational expression,so we need to find a new regulation path.Taking the form of case analysis as a breakthrough,the paper analyzes the manifestations of different types of cyber violence,reveals the harmfulness of cyber violence,and further demonstrates the legitimacy of regulating it.Through the understanding of the harm of network violence behavior,further demonstrates the necessity of regulating it.On this basis,it analyzes the current situation and limitations of administrative law regulation of network violence behavior,and further demonstrates the urgency of exploring new regulatory paths.From the perspective of network platform,there are many defects in regulating network violence in administrative law.First,in terms of legislation,the existing laws,including the Law on Public Security Administration and Punishment,are not specifically aimed at cyber violence,and they are gradually getting into difficulties in the regulation process.Second,in terms of the implementation of the system,multiple governance mechanisms to regulate cyber violence have not yet been formed,resulting in the system cannot be effectively implemented in practice.Third,in terms of institutional protection,the existing complaint and litigation mechanism on cyber violence is still limited,and has not yet formed an effective connection between administrative punishment,civil litigation and criminal sanctions,which makes it difficult for the aggrieved party to get effective relief quickly,and further leads to a dilemma in the administrative law regulation of cyber violence.Aiming at the problems existing in the current administrative law regulation of network violence,the regulation path design starts from three aspects: legislation,system implementation and system guarantee.First,in the aspect of legislation,the establishment standard of cyber violence and the object of regulation should be determined to improve the administrative regulations of administrative laws governing cyber violence.Secondly,in the aspect of system implementation,we should start with improving the efficiency of law enforcement personnel and standardize the diversified governance mechanism of cyber violence.Third,in the aspect of system guarantee,improve the complaint and litigation mechanism of cyber violence,and further implement the effective connection between administrative punishment,civil litigation and criminal sanctions.Further study on administrative law regulations of network violence behavior can provide ideas for the future setting of relevant regulations of network violence behavior,and solve conflicts between the exercise of public power and the right to freedom of speech.It is an important regulation path to realize the freedom of speech and rational expression. |