Victims' Rights Protection Strategies Under Cyberbullying in China: The Nexus Between Criminal Liability and Civil Liability

Authors

  • Dong Zhang

DOI:

https://doi.org/10.54097/2ap4xv30

Keywords:

Cyberbullying; Cybercrime; Legal Regulation; Balance between Criminal and Civil Regulations.

Abstract

In today's society, cyberbullying has become a pressing social issue, causing significant impacts on victims and the broader community. This research aims to comprehensively understand and address the problem of cyberbullying to minimize its harm to individuals and society. The paper employs various methods and analytical frameworks such as legal interpretation, literature review, and comparative analysis. It offers an exhaustive analysis of the definitions and manifestations of cyberbullying and the legal obstacles encountered by victims during the process of seeking redress and protecting their rights. Drawing insights from international experiences, proposing targeted legal recommendations, and discussing the balance between criminal and civil regulations, this paper presents a multifaceted and unique analysis for the legal regulation of cyberbullying. The findings reveal that the current legal framework addressing cyberbullying has its shortcomings and requires further refinement. In the conclusion, this paper summarizes its main discoveries, highlighting the complexity of regulating cyberbullying legally. It suggests three approaches for enhancement, including learning from international cyberbullying legal practices, introducing targeted laws, and balancing criminal and civil regulations under cyberbullying in China. This paper hopes these methods will provide valuable insights for policymakers and the legal community to formulate more effective legal norms on cyberbullying, ensuring social safety and stability, and offering fresh perspectives and considerations for the legal research and practice of cyberbullying issues.

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References

Jiang Fangbing. Cyberbullying: Concept, Root Cause and Its Countermeasures: From the Perspective of Risk Society Analysis. Zhejiang Academic Journal, 2011, 6: 182.

Jing Lijia, Hu Jun. The Improvement Path of Legal Regulation on Cyberbullying. Journal of People's Public Security University of China (Social Sciences Edition), 2021, 37(5): 143.

Hou Yubo, Li Xinlin. Analysis of Motivations and Influencing Factors of Cyberbullying Among Chinese Netizens. Peking University Journal (Philosophy and Social Sciences Edition), 2017, 54(1): 102.

Liu Xianquan, Zhou Zijian. The Dilemma and Solution of Criminal Law Regulation on Cyberbullying. Legal Research, 2023, 5: 18.

Marizen Ramirez, Anthony Paik, Kenneth Sanchagrin, Karen Heimer. Violent Peers, Network Centrality, and Intimate Partner Violence Perpetration by Young Men. Journal of Adolescent Health, 2012, 51(5).

Dai Ming. Research and Governance of Cyber Violence Issues by the European Commission. Modern World Police, 2023, 7: 45.

Shi Jinghai. On the Essence of Cyberbullying and the Improvement of Applicable Criminal Law Rules. Legal Science (Journal of Northwest University of Political Science and Law), 2023, 5: 73.

Yu Haisong. Regulation Model of Cyberbullying in the Perspective of Criminal Integration. Legal Science (Journal of Northwest University of Political Science and Law), 2023, 41(5): 88.

Wang Huawei. Evolution and Implications of German Network Platform Responsibility. Peking University Law Review, 2018, 19(1): 128.

Qiu Ziwai. Research on Legal Regulation of Cyberbullying. Liaoning University, 2022.

Vgl.Nolte (Fn. 27), S.561; Wimmers/Heymann, On the draft of a Network Enforcement Act (NetzDG) - a critical statement, AfP Issue 2, 2017, S, 97.

Wang Jingzai. Where lies the room for improvement in legislation against cyberbullying? Law Daily·Legal Weekend, 2022, 22: 1.

Shi Jinghai. On the Essence of Cyberbullying and the Improvement of the Application Rules of Criminal Law. Legal Science (Journal of Northwest University of Political Science and Law), 2023, 5: 73.

Chen Luolan. Criminal Law Governance of Cyberbullying and the Addition of Charges. Legal Science (Journal of Northwest University of Political Science and Law), 2023, 41(5): 123.

Wang Fang, Zhang Bo, Wen Lijuan. Cyberbullying Governance Written into the Reports of Both Supreme Courts, Multiple Representatives and Members Suggest Using a 'Legal Combo' to Strictly Punish 'Keyboard Assaults'". Legal Daily, March 9, 2023, Page 7.

Chen Ye. Legal Boundaries of Free Speech in the Digital Age and its Criminal Regulation. Journal of Beijing Police College, 2020, 2: 15.

Jiang Tao. The Connection between Criminal, Administrative, and Civil Liabilities in Cyberbullying Governance. Legal Science (Journal of Northwest University of Political Science and Law), 2023, 5: 108.

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Published

01-04-2024

How to Cite

Zhang, D. (2024). Victims’ Rights Protection Strategies Under Cyberbullying in China: The Nexus Between Criminal Liability and Civil Liability. Journal of Education, Humanities and Social Sciences, 28, 558-566. https://doi.org/10.54097/2ap4xv30