Administrative Law Regulation Of Cyber Violence

With the rapid development of Internet technology,the scale of Chinese netizens is constantly expanding,and the network violent behavior has gradually become a big challenge for our legal regulation.Cyber violence is a persistent and derogatory attack on the victim initiated by a small number of people who take advantage of the real-time update of information on the network platform and seriously violate the personality rights and interests of the victim.Compared with violent acts in reality,cyber violent acts are characterized by hidden subjects and groups,spontaneous formation and rapid development of the communication process,and virtual facilitation of tort influence.It is impossible to achieve ideal governance effect only relying on civil and criminal laws to regulate,while administrative law regulations have the characteristics of universal applicability,high efficiency and fast.It can regulate cyber violence more effectively.In addition,by analyzing the current situation of legislation and enforcement of administrative law regulating network violence,we can find that administrative law regulation has certain feasibility.The norm of administrative law is an important part of the socialist legal system with Chinese characteristics,and the regulation of administrative law plays a dominant role in the law enforcement practice of cyber violence.The administrative subject is in a dominant position inthe administrative management relationship,which indicates that the administrative law regulation has more advantages than the civil law and criminal law regulation in the regulation of network violence.At the same time,there is currently a lack of laws to regulate cyber violence.Civil laws take the punishment after the event as the main means,and there are few regulation means to prevent the behavior before the event.However,the strictness of criminal laws determines the narrow scope of regulation and the long process of litigation.It can effectively and quickly respond to cyber violence and effectively combat cyber violence.Therefore,it is more suitable to regulate network violence by administrative law.The network platform is a new private subject to maintain the normal order of the network.It has the right to conduct the access regulation of the network real name authentication and the consequence regulation of the prohibition on the network violence.However,the balance between the free expression of users and the network management should be maintained in the regulation process.At the same time,administrative regulation power can be restricted by following the principle of trust interest protection and the principle of proportionality to prevent the abuse of power,grasp the limits of administrative regulation,avoid the damage to the legitimate rights and interests of citizens,minimize the occurrence of cyber violence,and reduce the harm of cyber violence.