Reconstruction of Subject Attribution in Cyber Violence Crimes

Abstract

This article talks about the ownership of the subject in cyber violence crime. The purpose of this paper is to deeply analyze the current situation, characteristics and legal problems of cyber violence crime, and put forward a good method to reshape the attribution mechanism of cyber violence crime subject. With the rapid development of internet technology, China’s internet network has spread to almost everyone, and the internet penetration rate has become very high. However, there are also many social problems, and cyber violence is one of them. The anonymity and easy dissemination of information on the internet have caused this big problem. In recent years, criminal cases of insult and reputation damage have increased a lot, but the proportion of convictions is still very low. This shows that the crime of cyber violence is in a very bad state and must be dealt with as soon as possible. There are four main characteristics of cyber violence: Information spreads quickly and in a wide range; actions are hidden and unnamed; the people involved act the same way in groups; and the power to hurt is increasingly greater and greater. Using social media and short-video platforms, information about cyber violence reaches millions in a short time. At the same time, in virtual places on the internet and where the name is not known, it is difficult to restrict the actions of those who do bad things, and cyber violence is more likely to spread. This article compares existing theories that bind cyber violence by rules. Regarding the phenomenon of “not punishing a large number of people” in the crime of cyber violence, although the number of people involved and the relationship between cause and effect are complicated, China has put forward relevant guidelines and interpretations to clarify the way of using the law and the thinking of the cause of cyber violence crime, and denied the rationality of “not punishing a large number of people” from the standpoint of loosely thinking of the cause. At the same time, this article disagrees with the use of cumulative offense theory for cyber violence crimes. While cumulative offense is mainly used when the legal interests of a group are harmed, cyber violence is mainly because it harms the legal interests of individuals and is unreasonable. Based on critical research of existing theories, this article proposes a method for reconstructing the regulatory system based on typological thinking and organizational dominance theory, initiating the reconstruction of attribution pathways from the subjects of active and passive behavioral responsibilities in cyber violence crimes. Firstly, through typological thinking, attribution is carried out around behaviors themselves rather than identities, clarifying different subject types in cyber violence crimes. Subsequently, organizational dominance theory is introduced to demonstrate the rationality of sanctioning initiators and participants. Finally, active and passive behaviors are separately argued to explain the reasons for their liability, behavioral characteristics, and regulatory limits. This article argues that reconstructing the subject attribution mechanism for cyber violence crimes requires typification based on behavioral roles, distinguishing between active and passive behaviors for separate regulation. By clarifying attribution subjects and strengthening the identification of behavioral illegality, it can effectively curb the spread of cyber violence crimes, protect the legitimate rights and interests of victims, and maintain social order and the healthy development of the online environment.