A Study On The Problem Of Network Defamation In The View Of Criminal Law

The rapid spread of the Internet bring convenience to people’s live and work, butalso open a way for a criminal act. As an access to information and communicationplatform, the Internet has been integrated into people’s lives, becoming an integralpart of daily life, work and even part of the crime are marked with the Internetimprinting. Specific to libel, fabricated and spread through the network of networksdefamation defamatory information meteoric rise, and continue to spread thetraditional libel has been unable to effectively curb the development trend of networkdefamatory, therefore, in2013the Supreme Court and the Supreme People ’sProcuratorate had for Internet defamation promulgated the " supreme People’s Court,supreme People’s Procuratorate on criminal cases handled libel or other use ofinformation networks to implement the law applicable to certain issues ofinterpretation"(hereinafter referred to as the "interpretation"). The interpretation ofthe network defines defamation, libel and clearly the network “serious circumstances”and the specific circumstances of "serious harm to the social order and nationalinterests”. But the "interpretation" of the hasty introduction, did not completely solvethe problem of the existence of a network of defamation, and that "interpretation" ofthe transponder500times as incriminating standards malicious vile and other relevantprovisions of the reproduced still worth further exploration.This paper focuses on the network in the judicial interpretation of libel problemsin expanded discussion of the introduction and the text is divided into two parts, bodyparts, including the four chapters. The introduction of the current situation and theplight of criminal libel networks are briefly introduced, raised several issues facingcriminal libel network, and briefly describes the significance of the researchobjectives, methods and research of this article.The first chapter analyzes the background network defamation arising comparethe differences between traditional network defamation and libel, the networkdefamatory libel costs compared to less traditional, more subtle, more hazardous,spread faster, and so on. Finally, the lack of criminal libel network and existingcriminal law response, the judicial interpretation of the deficiencies of the existingraised questions, pointing out the necessity of this study. The second chapter discusses the network and the network of actors defamatorylibel behavior problems. For the "interpretation" of the network for defamation andbehavior were the main assessment, suggested that the present problems of judicialinterpretation, whether our laws are not involved in Internet content providers tobecome the main network defamatory discussed.The third chapter discusses the behavior of network trouble libel and boundariesInternet defamation and freedom of speech, libel and insulting behavior of thenetwork. First, the "interpretation" of the provisions of Article discusses therelationship network between libel and trouble; Secondly, the theory about the pointof view between the law and freedom of the assessment, to further discuss theboundaries of a network of defamation and freedom of speech; Finally, part of thenetwork for defamation and insult overlap exists analyzed.The fourth chapter analyzes the judicial interpretation of the statutory provisionson libel network plot. For “serious circumstances” on the click, browse andreproduced as a number of incriminating legal reasonableness standard for analysis;then discussed the “serious harm to public order and national interests " in the wrongpart of the situation that exists, and part abstract prescribed circumstances putforward their viewsThe fifth chapter analyzes the basis of the previous chapters, combined withforeign legislation networks defamation proposed practical recommendations forimproving network libel problem.