网络暴力的刑法治理困境与解决途径

中图分类号:D924.3

文献标识码:A

文章编号:2095-6916(2026)10-0117-04

The Challenges of and Solutions to the Criminal Law Governance of Cyberbullying

Meng Xiangyu

(Law School, Heilongjiang University, Harbin

Abstract: Cyberbullying has become increasingly frequent with the popularization of the Internet. Although current criminal law provides regulations for acts such as insult and defamation, challenges remain in terms of inadequate charge applicability and high costs of rights protection. This paper analyzes the difficulties in identifying criminal acts with respect to three typical forms of cyberbullying: the inconsistency between the “violence equivalence” requirement in the crime of insult and the characteristics of online behavior, the inadequate regulation of information distortion under the crime of defamation, and the regulatory gap in punishing the re-dissemination of publicly available information. Furthermore, in response to challenges in evidence collection, such as identity concealment and evidence fragmentation, a systematic governance approach is proposed to promote the orderly development of the online environment.

Keywords: cyberbullying; criminal law; charge applicability; identification of criminal acts

在互联网技术高速迭代的今天,网络空间已然成为人们日常生活中无法分割的重要组成部分。（剩余6578字）