A Study On The Deflation Of Internet Defamation

The CCP’s18th National People’s Congress is proposed to accelerate the overallrequirements of the rule of law. As an important part of society, rule of law should bethrough normalizing a series crimes, such as Internet libel, to punish evil andpropagate virtue, and to promote social fairness and justice. Meanwhile, onephenomena can’t be ignored is that the network defamation rising in the moderninformation media Internet, manipulated by backstage operation, is surging in moderninformation society quickly and hurting the reputation of the victim, and damaging thenormal order of society. Based on this, this paper analyzes the problem of networklibel conviction, and proposes appropriate countermeasures to enhance the criminallaw, to promote the coordinated development of the rule of law and harmonioussociety.This paper analyzes the United States, Russia, the European Union in terms ofnetwork libel criminal regulation of some good experience and practice, and thencombined with theories of network defamation constitution, including the concept ofnetwork, characteristics, causes, hazards, specifically our network libel developmentstatus, as well as the following development.When network Libel develops, it should be normalized in the point view ofcriminal law. Network libel should strictly follow the network defamation’sconstitutive requirement, specify its subject, object, subjective aspect and objectiveaspect. Especially for "serious circumstances","serious harm to public order andnational interests" and other aspects of the criminal objective identified, must bestrictly in accordance with articles of law. The importance is to clarify the networkdefamation from freedom of speech, media, and civil infringement, to ensure cleardefinition of network libel.As a whole, China’s current criminal law and related interpretations libel networkspecification is more specific. But because of the characteristics of the network anddefamation, as well as economic and social development of China, there are still somedifficulties for network libel in the judicial practice, mainly reflected by incriminatingstandard is uncertain, difficulties in judicial executive and evidence obtaining,confusions in private prosecution and indictment, etc. Therefore, we need to refineand deepen the connotation of reputation right, specify the legal boundary of "seriouscircumstances","serious harm to public order and national interests", deal well withprivate prosecution and indictment in judicial practice, establish specific standards for sentencing criterion scientifically, determine the criminal jurisdiction clearly, and thusprotect the network libel victims to gain fair, just, reasonable and lawful legalremedies, to promote the network libel operating in orbit of law.