近年来，网络暴力行为猖獗，严重侵害被害人合法权益，污染网络生态，刑 法应予严惩。为加强对网络暴力违法犯罪行为的法治化治理，《关于依法惩治网 络暴力违法犯罪的指导意见》(以下简称《意见》)正式发布。《意见》将适用刑 法惩治网络暴力犯罪作为主要内容，通过扩张解释的方式明确了刑法中关于网络 暴力行为的罪名适用，并坚持了实体与程序并重的刑事一体化理念，将畅通刑事 追诉程序作为网络暴力刑法治理的重要举措。这在一定程度上解决了网络暴力刑 法规制路径选择上的理论争议，缓解了实践中刑法规制缺位、自诉公诉追诉难的 司法难题。

然而，有别于传统刑法中的暴力行为，网络暴力具有群体性、煽动性、欺凌 性、失控性等独有特征。这些特征决定了网络暴力的行为方式并不完全契合《意 见》按现行刑法规定所构建的法律适用规则，难以按相应犯罪定罪处刑，并且在 救济过程中仍然存在被告人难以确立，和证据调查困难的被害人维权困境。

对此，本文在检视《意见》在立法模式、实体法律适用与程序救济方面存在 的问题后，提出在实体法层面，应当通过扩张解释的方式进一步明确刑法对诽谤 罪、侮辱罪，和侵犯公民个人信息罪的罪名适用；在程序上，应当坚持自诉为主、 公诉为辅的二元诉讼模式。一方面通过持续优化公安机关协助取证程序、增加检 察机关协助被害人自诉的方式来补强自诉人的诉讼能力，从而激活自诉程序。另 一方面，增加规定“在被害人取证确有困难”的情况下直接作为公诉案件处理， 以此畅通刑事追诉程序。此外，为了网络暴力治理法治化的长远发展，应当积极 推进制定《反网络暴力法》。在立法体系的建构过程中，应当遵循领域性立法思 维，创制基本法律制度框架，完善配套法律法规制度，构建起网络暴力治理领域 的专门性立法体系，全面实现我国网络暴力治理的法治现代化转型。

In recent years, cyberviolence has become rampant, seriously infringing on the legitimate rights and interests of victims and polluting the cyberecology, and should be severely punished under criminal law. In order to strengthen the rule of law in the governance of illegal and criminal acts of cyberviolence, the Guiding Opinions on Punishing Illegal and Criminal Acts of Cyberviolence in accordance with Law (hereinafter referred to as the "Opinions") were officially issued. The Opinions take the application of criminal law to punish crimes of cyber violence as the main content, clarifies the application of criminal law on crimes of cyber violence by way of expansive interpretation, and adheres to the concept of criminal integration that emphasizes both substance and procedure, and takes the smooth criminal recourse procedure as an important initiative in the criminal law governance of cyber violence. To a certain extent, this has solved the theoretical controversy over the choice of the path of the criminal law system of cyber violence, and alleviated the judicial problems of the lack of criminal law system and the difficulty of private prosecution in practice. However, unlike the traditional criminal law of violent behavior, cyber violence has a group, incitement, bullying, out of control and other unique characteristics. These characteristics determine the behavior of network violence does not fully meet the "opinions" according to the current criminal law provisions of the construction of the legal application of the rules, it is difficult to be convicted and sentenced according to the corresponding crime, and in the process of relief, there are still difficult to establish the defendant, and the investigation of evidence is difficult for the victims of the dilemma of the rights of the victim. In this regard, this paper in reviewing the "Opinions" in the legislative model, the entity of the application of law and procedural remedies for the problems, proposed at the level of substantive law, should be further clarified through the expansion of the interpretation of the criminal law on the crime of insults, defamation, and infringement of citizens' personal information crime of the crime of the application of the criminal law; in the procedure, should adhere to the main self-prosecution, the public prosecution as a supplement to the binary litigation model. On the one hand, it should activate the private prosecution process by continuing to optimize the public security organs' assistance in evidence-gathering procedures and by increasing the number of procuratorial organs' assistance to victims in their private prosecutions in order to strengthen the litigation capacity of private prosecutors. On the other hand, provisions have been added to stipulate that "in cases where there are genuine difficulties in obtaining evidence from the victim", the case shall be handled directly as a public prosecution case, thereby smoothing the criminal prosecution process. In addition, for the long-term development of the rule of law in the governance of cyber violence, the formulation of the Anti-Cyber Violence Law should be actively promoted. In the process of constructing the legislative system, it should follow the field of legislative thinking, create a basic legal system framework, improve the supporting laws and regulations, build up a specialized legislative system in the field of cyber-violence governance, and comprehensively realize the modernization of the rule of law in China's cyber-violence governance transformation.