中图分类号：D920文献标识码：ADOI:10.19358/j.issn.2097-1788.2025.02.011
引用格式：陈佳雯. 网络滋扰行为的刑法规制［J］.网络安全与数据治理，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