公共事业管理-网络暴力的规制研究论文

网络暴力的规制研究【摘要】本文将从网络暴力产生的原因，已经发生的网络暴力案件入手，通过文献分析与案例分析，回答网络暴力的本质是什么，尝试讨论公民的言论自由权与隐私权之间是否存在平衡点，分析我国现有的预防和惩罚网络暴力犯罪的手段及其成效，再根据以上的论述分析网络暴力在我国是否有必要入刑。希望通过本文可以为国家尽快出台相应的法律法规政策以保障公民合法权益不受网络不良现象的侵害提供对策建议。【关键词】网络暴力；言论自由；网络侵权Study on legislation of network violence[Abstract] When a new social matter appears, law always answers it lately. Marx once said :“Legislators should consider themselves as a natural scientist. They are neither creating law nor inventing law. They just illustrate law. They expressed the inner law of mental relations by conscious positive law”. Marx jurisprudence believes that the appearance and evolution of law is the outcome of the interaction of many social factors. It is that society generates law rather than law generates society. The society in which we live is changeable. Even though law always answers it lately, it should follow the pace of age so that it could be better on adjusting the procedure of society and preventing the benefit of the country, the society and individual from invading. Justice possibly is late but is never absent. However, I hold the opinion that the justice that is late is not justice. Nowadays, it has become the unstoppable trend to using the law weapon to regular the network speech.The thesis will answer what is the core of network violence, try to discuss whether there is a balance between citizen's right to free speech and their right to privacy, and analyze the methods and effects of preventing and punishing network violent crime in our county. Furthermore, according to the mentioned discussi...