中圖分類號：D920文獻標識碼：ADOI:10.19358/j.issn.2097-1788.2025.02.011
引用格式：陳佳雯. 網(wǎng)絡滋擾行為的刑法規(guī)制［J］.網(wǎng)絡安全與數(shù)據(jù)治理，2025，44（2）：67-72.

Criminal law regulation of cyber harassment

Abstract： Cyberstalking is a persistent and repetitive behavior that targets specific individuals by harassing, pursuing, monitoring, and disclosing their identities through internet. Although it originates in the virtual world, its harmful consequences eventually manifest in real life. It not only infringes on the mental tranquility of citizens but also escalates into more severe violent crimes. In recent years, cyberstalking has become increasingly prevalent but has not been effectively curbed. The reasons for this include regulation by non-criminal laws in China and difficulties in the interpretation and application of related criminal charges. To prevent the proliferation of cyberstalking and protect the personal of citizens, it is necessary to add a new offense of stalking and harassment to the Criminal Law, which can be justified by the principle of offense. In terms of the elements of the crime, it is suggested to first adopt the model of "dangerous offense" in legislation, and then selectively describe the subjective and objective elements; in terms of punishment, it is suggested to first classify it as a minor offense and then apply the same statutory penalty to ensure balanced sentencing; in terms of the mechanism, it is suggested to classify the offense of stalking and harassment as a quasi-tort offense, to be prosecuted only upon the complaint of the victim.

Key words : cyber harassment; criminal law regulation; personal protection integrity