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Reconstruction of Subject Attribution in Criminal Governance of Cyber Harassment

Author(s)

Jingjun Wang

Affiliation(s)

China University of Political Science and Law, Beijing, China

Abstract

This article examines subject attribution in the criminal governance of cyber harassment, focusing on the difficulties arising from rapid information dissemination, anonymity, collective participation, and the cumulative effects of online conduct. It reviews the attribution challenges associated with large numbers of participants and assesses the applicability of cumulative offense theory, arguing that the protection of individual legal interests requires differentiated analysis. Drawing on typological thinking and organizational dominance theory, the article proposes an attribution framework based on behavioral roles rather than identities. It distinguishes active conduct from failures to fulfill legally required duties and examines the respective responsibilities of initiators, instigators, ordinary participants, and platform operators. Initiators and instigators are assessed in relation to their organizational influence, while ordinary participants are evaluated according to the nature, frequency, and significance of their conduct. Platform responsibility is considered within the limits of legally prescribed supervisory obligations, knowledge of unlawful content, and the capacity to intervene. The article concludes that subject attribution should combine behavioral classification with differentiated responsibility and proportionate regulatory boundaries to protect legitimate rights and support orderly online interaction.

Keywords

Cyber Harassment; Collective Participation; Cumulative Offenses; Organizational Dominance Theory; Typological Thinking

References

[1] China Internet Network Information Center, The 56th Statistical Report on China’s Internet Development, https://www.cnnic.cn/n4/2025/0721/c88-11328.html (in Chinese). [2] Wang, J., Breaking the “Law Does Not Punish the Masses” Dilemma in Cyberbullying: “Two Supremes and One Ministry” Demand Strict Legal Accountability for Cyberbullies, 21st Century Business Herald, September 2023, 1st ed. (in Chinese). [3] Ministry of Public Security: Public Security Organs Handled More Than 8,600 Cases of Cyberbullying in 2024, People’s Daily Online, http://society.people.com.cn/n1/2025/0110/c1008-40399408.html (in Chinese). [4] Fu, Y., Breaking Out of the Dilemma of “The Law Does Not Punish the Masses”: Criminal Law Regulation of Insult and Defamation-Type Cyberbullying Crimes, Hebei Vocational Education of Law 3, no. 2 (2025) (in Chinese). [5] Miao, X., An Analysis of the Causes of Cyber Linguistic Violence, People’s Tribune (Bimonthly), no. 12 (2014) (in Chinese). [6] Yang, T., Three Prerequisites Must Be Considered Before “Human Flesh Search” Can Be Criminalized, Procuratorial Daily, August 26, 2008 (in Chinese). [7] Jiang, T., The Convergence of Criminal, Administrative, and Civil Liabilities in Cyberbullying Governance, Legal Science 39, no. 5 (2023) (in Chinese). [8] Chen, Y., Wang, S., & Liu, X., Adolescent Relatedness Need Satisfaction and Deindividuated Online Behavior: A Moderated Mediation Model, Chinese Journal of Clinical Psychology 27, no. 6 (2019) (in Chinese). [9] Tian, H., The Dilemma and Resolution of “The Law Does Not Punish the Masses” in the Criminal Law Governance of Cyberbullying, Law Science Magazine 45, no. 1 (2024) (in Chinese). [10] Ministry of Public Security of the People’s Republic of China, Guiding Opinions on Lawfully Punishing Cyberbullying Illegal Crimes, https://www.mps.gov.cn/n6557558/c9221769/content.html (in Chinese). [11] Supreme People’s Procuratorate of the People’s Republic of China, The Supreme People’s Court and Supreme People’s Procuratorate Issue Interpretations on Several Issues Concerning the Application of Law in Handling Criminal Cases Such as Online Defamation, https://www.spp.gov.cn/zdgz/201309/t20130910_62417.shtml (in Chinese). [12] Zhang, M., On Mitigating Result Attribution, China Legal Science, no. 3 (2019) (in Chinese). [13] Leng, B., Criminal Law Governance of Cumulative Dangerous Behavior in Collective Cyberbullying, Rule of Law Research, no. 5 (2023) (in Chinese). [14] Roxin, C., New Developments in the Discussion of Legal Interests (translated by Xu, S.), Yueda Law Journal [Taipei University Law Review], no. 12 (2012) (in Chinese). [15] Zhang, M., Criminal Law Protection of Collective Legal Interests, Law Review, no. 1 (2023) (in Chinese). [16] Kreß, P., On the Justification of Cumulative Offenses (translated by Tong, Y.), Nanjing University Law Review, no. 2 (2024) (in Chinese). [17] Xiao, C., Reconstruction of Attribution Logic and Normative Iteration in the Criminal Governance of Cyberbullying, Journal of East China University of Political Science and Law 28, no. 4 (2025) (in Chinese). [18] Zhang, Z., Criminal Law Response to Cumulative Offenses of Cyberbullying, Dongyue Tribune, no. 4 (2024) (in Chinese). [19] Li, M., Regulatory Difficulties and Criminal Responses to “The Law Does Not Punish the Masses” in Cyberbullying Crimes, Contemporary Law Review, no. 5 (2024) (in Chinese). [20] Yuan, G., The Logic of and Reflection on the Theory of Organizational Domination in Criminal Law, The Jurist, no. 6 (2020) (in Chinese). [21] Roxin, C., Straftaten im Rahmen organisatorischer Machtapparate, Goltdammer’s Archiv für Strafrecht, 1963, S. 199 ff. [22] Zhang, M., Exploration of Controversial Issues in Online Defamation, China Legal Science, no. 3 (2015) (in Chinese). [23] Wang, X., & Huang, J., Cyber Righteousness or Cyberbullying: The Boundaries and Legal Control of Online Reporting and Supervision Behaviors, Law Forum, no. 5 (2024) (in Chinese). [24] Zhang, L., How to Govern “Bad Information”-Type Cyberbullying: An Analysis Based on Field Theory, Exploration and Free Views, no. 7 (2023) (in Chinese). [25] Shi, J., Platform Responsibility in Cyberbullying Governance, Legal Science (Journal of Northwest University of Political Science and Law), no. 6 (2023) (in Chinese).