重庆大学学报（社会科学版）2025，Vol.31Issue(2)：267-279,13.DOI:10.11835/j.issn.1008-5831.fx.2024.10.003
网络暴力的治理逻辑与优化建议
The governance logic and optimization suggestions of network violence:Based on the grounded analysis of policy texts from 2009 to 2024
摘要
Abstract
Regulating cyber violence according to law is the core goal of cyberspace governance in the new era.At present,China's laws and regulations in this field are scattered in various legislative documents of different natures and levels,which leads to the fragmentation,overlapping and even contradictions of legal provisions.The dispersion and inconsistency of this legal system not only affect the implementation effect of the law,but also cause problems such as unclear responsibility and difficult implementation in specific operations.Therefore,it is urgent to systematically sort out the existing policy texts,analyze the governance framework and its potential problems,and improve the governance level of cyber violence.This paper collects 22 policy documents on cyber violence governance issued by China from 2009 to 2024,compares and analyzes the data by using procedural grounded theory,condenses relevant concepts and categories,and finally constructs the logical framework of governance.The research shows that China has initially established three major network violence governance mechanisms:comprehensive governance mechanism,judicial governance mechanism and long-term governance mechanism.First of all,in the stage of in-process governance,the state has formed a multi-level and multi-party participation comprehensive governance mechanism by clarifying the responsibilities of the government,platforms and users.Through effective collaboration,all parties promote the full participation and technical support of cyber violence governance.This mechanism shows a strong synergy in resolving technological risks,but there are still deficiencies in the analysis and response to social risks.Secondly,the judicial mechanism in the post-governance stage has realized the effective connection between civil,administrative and criminal laws through refined legal interpretation.This mechanism ensures that cyber violence can obtain judicial relief under different legal frameworks,but it still needs to be refined in specific practical standards.Especially between civil,administrative and criminal proceedings,the lack of a unified theory of practice may lead to difficulties in convergence in practice.Finally,the state has constructed a long-term governance mechanism with institutionalization as the core to ensure that the problem of cyber violence in different situations can be dealt with continuously and effectively.Through process-oriented arrangements,the mechanism can respond quickly to cyber violence and provide long-term solutions.However,there are still deficiencies in the supervision of platform power,especially that the legal provisions are not perfect in effectively supervising platforms'fulfillment of their governance responsibilities.In summary,the future governance direction should include:strengthening the prevention and control of social risks of cyber violence,further refining the practical standards of judicial governance mechanism and improving the supervision mechanism of platform power,so as to promote the legalization and modernization of cyber violence governance in China and build a more perfect cyberspace governance system.关键词
网络暴力/综合治理/司法治理/长效治理/网络空间治理Key words
network violence/comprehensive management/judicial governance/long-term governance/cyberspace governance分类
社会科学引用本文复制引用
徐伟,李睿恒..网络暴力的治理逻辑与优化建议[J].重庆大学学报（社会科学版）,2025,31(2):267-279,13.基金项目
国家社会科学基金重大项目"健全网络综合治理体系研究"(23ZDA086) （23ZDA086）
