Communications in Humanities Research

- The Open Access Proceedings Series for Conferences


Communications in Humanities Research

Vol. 14, 20 November 2023


Open Access | Article

Study on Regulating Cyberbullying from the Perspective of Criminal Law

Jiaqi Zeng * 1
1 Zhongnan University of Economics and Law

* Author to whom correspondence should be addressed.

Communications in Humanities Research, Vol. 14, 115-123
Published 20 November 2023. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Jiaqi Zeng. Study on Regulating Cyberbullying from the Perspective of Criminal Law. CHR (2023) Vol. 14: 115-123. DOI: 10.54254/2753-7064/14/20230425.

Abstract

As the advance of the times and the popularization of the internet, a large number of netizens have entered cyberspace. Along with this, the phenomenon of cyber bullying has become rampant and a pressing social issue, but the criminal legislation of our country seems to lack sufficient measures to regulate such dangerous behavior. Currently, scholars have two main viewpoints regarding regulating cyber bullying. One revolves around existing legal frameworks or regulations and aims to address cyber bullying through an interpretive approach. Another argues that the existing criminal charges have numerous flaws and fail to adequately meet the regulatory demands, thus advocating for the creation of specific charges. Therefore, it is crucial to study the current situation and deficiencies in China’s criminal regulation of cyber bullying and explore practical solutions to address these shortcomings.

Keywords

cyberbullying internet rumors, doxing internet language violence, criminal regulation

References

1. People’s Court of Guangdong Province Lufeng City,2014 Criminal Chuzi No.151 Criminal Judgement.

2. Chapter 4 of The Criminal Law of the People’s Republic of China.

3. Chapter 6 of The Criminal Law of the People’s Republic of China.

4. Adopted at the 1589th meeting of the Trial Committee of the Supreme People’s Court on September 5, 2013, and at the 9th meeting of the 12th Procuratorial Committee of the Supreme People’s Procuratorate on September 2, 2013.

5. Adopted at the 1712th meeting of the Trial Committee of the Supreme People’s Court on March 20, 2017, and at the 63rd meeting of the 12th Procuratorial Committee of the Supreme People’s Procuratorate on April 26, 2017.

6. Zhuang, H. (2023) The Dilemma of Criminal Law Enforcement of Cyber Violence and Path Analysis. Legality Vision, 914(18), 83-85.

7. People’s Court of Yunnan Province Kunming City,2014 Criminal Chuzi No.47 Criminal Judgement.

8. People’s Court of Anhui Province Chizhou City,2017 Criminal Chuzi No.1 Criminal Judgement.

9. Xu, C. (2016) On the Criminalization of Cyber Violence. Journal of Law Application, 360(03), 102-108.

10. Yin, Z. (2022) Study on the Dilemma and Countermeasures of the Criminal Law Regime of Cyber Violence. Network Security Technology & Application, 260(08), 155-156.

11. Cai, X. (2018) Research on Criminal Law Regulation of Internet Violence. Master’s Thesis, Nanchang University, Nanchang.

12. Jiang, J. (2022) Definition and Criminalization of Cyber Violence. Cyberspace Security, 13(05), 20-25.

13. Guo, A. NPCLWC: Doxing is Not a Crime Under the Penal Code Amendment. Retrieved from https://www.gmw.cn/01gmrb/2009-03/19/content_899441.htm.

14. Zhang, G., Yu, A. (2022) Social Death and Its Criticism. Journal of Social Sciences, (08), 156-166.

15. Ma, K. (1999) General Theory of Penalties. Wuhan University Press,1999 edn, Wuhan.

16. Chen, X. (1993) General Precautionary Theory. Studies in Law and Business, (02), 26-33.

17. Takeda, N.(1961) Norms of International Law and Their Violation. 1961 edn. Yuhikaku Publishing, Tokyo.

18. Shi, J., Huang, Y. (2020) An Analysis of the Dilemma of Criminal Regulations on Cyber Violence and Its Solutions. Journal of Anhui University(Philosophy and Social Sciences Edition), 44(04), 78-89

19. Qu, X. (2004) Criminal Law. China University of Political Science and Law Press, 2004 edn, Beijing.

20. Hirano, R. (1972) General Theory of Criminal Law I. Yuhikaku Publishing, 1972 edn, Tokyo.

21. Chen, X. (1996) The Value of Modesty in Criminal Law. Modern Law Science, (03), 14-25+13.

22. Gao, M., Ma, K. (2017) Criminal Law. Peking University Press, 2017 edn., Beijing.

23. Wang, H. (2018) Crimes Against Citizens’ Personal Information and Their Legal Regulation Countermeasures. Journal of Ningbo University(Philosophy and Social Sciences Edition), 31(01), 127-132.

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this series agree to the following terms:

1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this series.

2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this series.

3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).

Volume Title
Proceedings of the International Conference on Global Politics and Socio-Humanities
ISBN (Print)
978-1-83558-117-9
ISBN (Online)
978-1-83558-118-6
Published Date
20 November 2023
Series
Communications in Humanities Research
ISSN (Print)
2753-7064
ISSN (Online)
2753-7072
DOI
10.54254/2753-7064/14/20230425
Copyright
20 November 2023
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated