网络暴力的刑法规制路径分析
Analysis of the Path of Criminal Law Regulation of Cyber Violence

近年来，网络暴力现象频发引起了众多学科领域的关注。在归纳总结不同学者定义的基础上，本文将网络暴力定义为以网络为载体，侵犯他人合法权益，造成严重后果的网络失范行为。网络暴力主要包括人肉搜索行为和网络语言暴力两种。现行刑法体系对网络暴力的规制存在责任主体认定困难、因果关系认定困难以及调查取证困难等问题；对此，本文提出在解释论的立场上明晰责任主体、综合判断介入因素的异常性以及创新技术侦察手段，为上述问题提供解决路径。
In recent years, the frequent occurrence of cyber violence has attracted the attention of many disciplinary fields. On the basis of summarising the definitions of different scholars, this paper defines cyber violence as a network misconduct that violates the legitimate rights and interests of others and causes serious consequences by using the network as a carrier. Cyber violence mainly includes two kinds of human flesh search behaviour and cyber language violence. The regulation of cyber violence in the current criminal law system has problems such as difficulty in identifying the responsible subject, difficulty in identifying the causal relationship, and difficulty in investigating and obtaining evidence; in this regard, this paper proposes to clarify the responsible subject from the standpoint of interpretive theory, comprehensively judge the abnormality of the intervening factors, and innovate technological investigation means, so as to provide a solution to the above problems.