Young Criminal Law Forum
The challenge of digital violence on the Internet - criminological issues
Experts from China and Germany discussed digital violence on the Internet in China and Germany in detail, analyzed the background and conditions of digital violence and discussed possible measures together.
The HSS, in cooperation with the LMU, the University of Augsburg and Peking University, is supporting the establishment of the "Young Forum of German-Chinese Criminal Law Scholars" to promote networking in the field of criminal law. It is the first platform of its kind, which aims to create a sustainable network of young Chinese and German academics doing their doctorates and research in Germany through specialist events and publications. In a total of three online sessions in 2024 of the "Digital Violence" series, the "Young Forum of Sino-German Criminal Law" provides a platform for professional legal exchange among young academics on case-based property offenses under German and Chinese law. This exchange serves to compare German and Chinese law from a practical perspective in order to promote expertise in the interpretation and application of legal texts, among other things.
Prof. Dr. Helmut Satzger (LMU Munich) and Ms. Debora Tydecks-Zhou (Chief Representative of the Hanns Seidel Foundation) gave the opening address. Prof. Dr. Yuhao WU (Peking University) moderated the event.
Expert Katharina Goede (Hate Aid) and Prof. Dr. Jiang SU (Peking University) gave the presentations. The presentations were followed by a lively and thought-provoking discussion in which further legal questions and possible solutions were shared.
First, Ms. Katharina Goede spoke on the topic of 'Digital violence - phenomenology, background and prevention'. Ms. Goede gave an overview of the phenomenon of digital violence in Germany and used statistics to explain the current situation of digital violence in Germany (according to a study, 45% of respondents have already experienced hate online[1]). Secondly, the various causes and the physical and psychological consequences of digital violence in Germany were presented. Thirdly, Ms. Goede explained what can be done in everyday life to prevent digital violence (e.g. privacy check and password security).
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Prof. Dr. Jiang SU then gave a lecture on "Digital Violence in China - Status, Causes and Countermeasures". His lecture dealt with the definition and characteristics of digital violence according to the Cyber Violence Information Management Regulation 2024, the published data on cyber violence in China in 2023 and the social, internet and user-related causes of digital violence in China (Research Factory found in a survey that more than 60% of respondents have already been victims of cyber violence). To combat digital violence, Dr. SU emphasized the need to strengthen the responsibility of platforms and focus on victim protection. Furthermore, it is also important that users develop a rational understanding of digital human relationships.
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In conclusion, Prof. Dr. Johannes Kaspar (University of Augsburg) summarized the key aspects and emphasized once again that more research is needed into the causes and phenomena of digital violence, as the number of unreported cases is extremely high. The finding that only around 5% are responsible for 50% of online hate is also consistent with criminological statistics in "normal" life. It should also be emphasized that the speakers' presentations showed that prevention is a task for society as a whole and not just for criminal law.
Prof. Dr. Cheng JIE (UCASS) also took part in the discussion and shared further legal regulations and circumstances from the real world in China. According to Chinese criminal procedure law, criminal offenses such as defamation or insult are only prosecuted if the victim reports the crime (private prosecution). If the victim of digital violence does not report the crime, the prosecution cannot bring charges itself. This is the biggest difference between China and Germany. In addition, the judiciary plays the main role in criminal proceedings in China. Compared to Germany, social organizations are rarely involved. At the end of the discussion, the experts agreed that both legal and extra-legal measures need to be taken against digital violence.
The event was very well attended with over 1,700 participants. The event offered participants the opportunity to find out about the definition, the various causes and the consequences of digital violence. In addition, current findings were exchanged through comparative law presentations between experts from both countries. Digital violence is a global phenomenon and has become an urgent problem. The exchange can also contribute to both countries working together to develop and implement more preventive measures and solutions against digital violence.
Authors: Xu Ying, Debora Tydecks-Zhou
Speakers and discussants
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