更新时间:2024-09-07
网络欺凌未成年人的现状、难题与应对
陶天意(文) ,  董秘辰(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第9期  
0 1(CNKI)
PDF
该文暂无导航

AI 摘要

1、 Definition and current situation of cyberbullying against minors

Cyberbullying of minors, also known as cyberbullying, is carried out through digital technologies, including social media, instant messaging, gaming platforms, and mobile phones. Divided into direct attack type and indirect bullying type, such as online harassment, online rumors, and online impersonation. The State Internet Information Office defines online violence information as illegal and harmful information such as insulting, slandering, and infringing privacy. Cyberbullying has a serious impact on the physical and mental health of minors. In recent years, with the increasing use of the internet by minors, cybersecurity issues have become increasingly prominent. Data shows that from 2019 to 2021, the proportion of underage netizens who suffer from sarcastic abuse, malicious harassment, and personal information leakage has been decreasing year by year, reflecting the effectiveness of the country's governance of cyberbullying. However, it is still necessary to conduct a thorough analysis of the reasons why cyberbullying persists despite repeated bans, as well as its specific harm to the underage population, in order to solve governance problems and better protect the rights and interests of minors.

2、 The governance challenges of cyberbullying against minors

The governance of online bullying of minors faces many challenges, including difficulties in obtaining evidence, seeking accountability, and providing relief. The difficulty in obtaining evidence mainly lies in the concealment of cyberbullying, which makes it difficult to determine the identity of the perpetrator. In addition, the weak ability of underage victims to obtain evidence, as well as the perpetrator's cunning deletion of evidence and account cancellation, make it difficult to collect evidence. Pursuing blame is manifested in the high time, evidence collection, and litigation costs faced by victims and their guardians, as well as unfamiliarity with legal procedures, leading many victims to choose to give up their rights protection. At the same time, judicial authorities also face the challenge of holding perpetrators of cyberbullying accountable for collective crimes, making it difficult to hold all participants accountable. The difficulty in seeking relief is due to the anonymity and openness of the internet, which makes it costly and difficult for victims to seek civil remedies. In addition, cyberbullying may cause serious mental harm to minors, and the current laws on compensation for mental harm are not yet perfect, making it difficult to provide sufficient relief for victims.

3、 Suggestions for the Governance of Cyberbullying Against Minors

Suggestions for addressing the issue of online bullying of minors have been put forward. Firstly, it is recommended to establish a cross departmental information sharing platform, clarify the responsibilities of public security organs, procuratorial organs, and network service providers, in order to solve the problem of evidence collection. Secondly, it is recommended to implement responsibility grading based on the role and impact of the perpetrator in cyberbullying, in order to avoid loopholes in punishment. For serious cases of cyberbullying, criminal responsibility should be pursued in accordance with the law, and educational and corrective measures should be taken for underage participants. In addition, it is recommended to facilitate relief channels, including assisting in the collection of evidence, supporting civil litigation or criminal private prosecution, and expanding the scope of application of criminal prosecution and public interest litigation, in order to achieve comprehensive protection of the rights and interests of minors.

4、 Summary and Prospect

Cyberbullying poses a serious threat to minors and requires special attention. There are difficulties in evidence collection, accountability, and relief in governance. It is recommended to crack down on online bullying, protect underage victims, learn from experience, establish long-term mechanisms, promote legislation, and provide legal protection.

* 以上内容由AI自动生成,内容仅供参考。对于因使用本网站以上内容产生的相关后果,本网站不承担任何商业和法律责任。

展开

当前期刊

当前期刊
    目录

    推荐论文

    • 浅议媒体履行未成年人保护责任

    • 未成年人网络直播打赏的法律分析

    • 16—18周岁未成年人应当适用专门矫治教育