“网络暴力”侵权行为的民法规制法律专业论文.docx

万方数据 万方数据 摘要 第四部分：“网络暴力”侵权行为民法规制的建议。本部分参照域外国家 的经验教训，结合我国民法规制“网络暴力”存在的不足，提出民法规制“网 络暴力”侵权行为的建议，具体包括：一完善现行民事立法；二加强行业自律； 三加强网络实名制的运用；四增设惩罚性赔偿制度。 关键词：网络暴力，民法规制，侵权行为，人身权 II Abst Abstract Abstract Caused by female white-collar Jiang Yan death blog in 2008, Chinas first case \network violence\ caused quite a stir on the Internet, tens of thousands of netizens began through each big website attention and participation to faye wong line of criticism to the dead husband, and then set off a network the last time the biggest wave of \human flesh search\, and the resulting academic study of similar network violence. Such as \human flesh search\ network violence, not only the seriousness of the current our country network violence problems exist, and further highlights the urgency and the necessity of regulating the network tort. Network infringement of regulation violence, not only relates to the healthy development of the Internet industry, more related to the personal rights and interests of individual citizens. However, Chinas current laws and regulations about network management system is not perfect, peoples moral consciousness and legal consciousness is weak, the Internet industry self-discipline and lacking, complementary mechanism also has not been established, these all make the punishment in the judicial practice of network violence tort have been all kinds of difficulties. An orderly and healthy network environment is relatively mature laws and regulations need to do system guarantee. Therefore, at present the problems exposed in the network violence, the author, from the perspective of civil law to further explore the regulation of this kind of network infringement. In this paper, in addition to the part, conclusion, references, and thanks, will be divided into five parts: Part I: introduction. This part through the introduction of the background of network violence produce, points out that the study of its theoretical significance and practical significance; Through