Research On Chinese Network Violent Crime And Countermeasures

With the rapid development of the Internet,the era of information sharing and the Internet of everything not only provides a quick and stable communication channel for people’s economic and social life,but also provides an open and inclusive platform for people to express their own views and participate in social life.However,there are differences in the education level,moral quality and values of the vast number of netizens,and the means to make profits through the Internet are constantly updated and iterated,which leads to a series of cyber crimes in cyberspace inevitably.As a new form of crime,cyber violent crime not only seriously infringes on the reputation and personal dignity of citizens,destroys people’s sense of gain,happiness and security,but also greatly undermines the order of the Internet space and judicial justice.Without cyber security,there can be no national security.Building a clean and orderly Internet space will have a far-reaching impact on carrying forward the positive energy of spiritual civilization and carrying forward the main theme of socialism.This study is based on creating a clean and positive Internet space to curb the high incidence of violent cyber crimes.From the perspective of criminology,combining with the theory of rational choice,daily activity theory,social control theory and other criminological theories,this study adheres to the general idea of "starting with the characteristics of the current situation,analyzing the causes of crimes and proposing countermeasures".Comprehensive use of literature research,case analysis,questionnaire interview and other methods,starting from the Internet violent crime judgment cases,comb and summarize the current situation and main characteristics of this kind of crime.Study and explore the root cause of the high incidence of violent crimes on the Internet.On this basis,it puts forward multi-dimensional and whole-chain countermeasures to deal with cyber violent crimes.Specifically,this paper mainly includes the following five parts;Part I: Introduction.This part mainly introduces the research background of this paper,sorts out and summarizes the relevant research results at home and abroad and makes a review,explains the theoretical and practical significance of this research,discusses the research methods and data sources of this paper,and lays a foundation for the development of the follow-up research content.The second part: Overview of cyber violent crimes in our country.This part firstly defines the relevant concepts of cyber violence through official documents and experts and scholars’ literature,and accurately defines the concept of cyber violence crime from the perspective of criminology by referring to Chinese and foreign literature and academic viewpoints.Then it classifies the types of cyber violent crimes through case and literature review.It includes four types: online slander,online moral trial,human flesh search and online course blasting.The third part: Analysis of current situation and characteristics of Chinese network violent crimes.This part,based on the analysis of the overall situation of Internet violent crimes in China,based on 747 judgment documents of Peking University Talisman network,combined with the data collected from news reports and interview questionnaires,extracts and summarizes the specific characteristics of crimes.The results show that the network violent crime is on the rise as a whole,and the distribution of crime is mainly in the southeast coastal economically developed areas;The criminals are mainly natural persons,young and middle-aged men,common joint crimes,low educational level and workers.The criminal behavior lasts for a long time,has fermentative nature,and has various criminal means.Most victims have black marks in words and deeds,are keen on private relief,have weak awareness of rights protection and lack of evidence,and public figures and other special groups are high risk groups.The fourth part: analysis of the causes of network violence crime.Based on criminological theories such as rational choice theory,social control theory and daily activity theory,this part explores and analyzes the causes of cyber violent crimes by combining statistical analysis of judgment cases and questionnaire interviews.It mainly focuses on five levels: criminal,victim,network supervision,law and society.From the perspective of criminals,dynamic factors,emotional factors and thinking patterns are important factors for criminals to choose crimes.From the perspective of victims,the victims are more vulnerable to abuse due to the stain of words and deeds,verbal counterattack and weak awareness of rights protection.From the perspective of network supervision,administrative organs,network platforms,media supervision is out of place,resulting in weak external containment;From the legal perspective,poor application of law and ineffective judicial investigation reduce the deterrent power of law.From the perspective of society,digital and imploding information society,mass media and traditional moral concepts have created an external environment for crime.The fifth part: governance measures of network violence crime.Based on the existing approaches and ideas for the governance of cyber violent crimes,this part gives policies from the perspectives of improving legislation and judicature,advocating the self-discipline of netizens,and strengthening the supervision of the Internet,shaping the norms of cyber ethics,building a full-chain prevention and governance system of multi-department linkage,and creating a clean,orderly,clean and positive Internet space.Among them,improve the legislative and judicial suggestions of Internet violence crimes into punishment,give play to the function of judicial organs,improve the "expected punishment cost";To advocate the self-discipline of netizens,it is necessary to correct the mistakes of netizens’ words and deeds,promote collaborative governance,and build "joint protection".To strengthen online supervision,platforms should be urged to self-discipline,implement administrative supervision,explore online real name,and create a "clear space".To shape the network moral code,we must inherit the excellent traditional culture,adhere to the positive guidance of public opinion,establish the digital ethics convention,and promote the "Network literacy".