| With the continuous development of innovation of science and technology, people’s life has been more and more cannot do without network. In the era of information explosion, the development of network technology and popularization brings a great deal of information, has brought a broader platform to disseminate information, express opinions for people. But at the same time, the environment of Internet relatively free also derived from many drawbacks, Internet defamation is one of them, a number of lawless elements have also shifted in cyberspace, the use of the hot issues of the society wantonly concocted rumors to mislead the people, causing social panic. These network rumor is undoubtedly a violation of the right of reputation of citizens, destroyed the normal order of social life, deeply people blame and hate, but repeated.Different from the traditional defamation, slander behavior with the aid of the network, has the characteristics of the spread of fast, wide transmission range, difficult to eliminate the influence, harm result is more serious than ordinary libel. Due to the communication through the network, in theory and practice, how to define network defamation crime controversial, such as network libel action main body diversity, spread wide, influence, in determining the liability subject, determine whether to prosecute the jurisdiction, there are many problems.In September 10, 2013, the introduction of "two high for network libel behavior of the Supreme People’s court, the Supreme People’s Procuratorate on the handling of the use of information network implementation of libel law applicable to a number of criminal cases to explain"(hereinafter referred to as the "interpretation"), made clear the suitable situation blow network crime of slander. Regulation of network rumor in criminal law in our country has made clear a lot of, but the charges system existing some shortcomings in the evaluation of network rumor crime, therefore it is necessary to further improve the.In this paper, the author from the Fu Xuesheng case to start, discusses in detail the network libel dispute focus exist, introduce relevant legislative regulations home and abroad, focuses on the analysis of two high "explanation", the focus of controversy for the case, for network libel crime, jurisdiction of the identification, selection of private and public prosecution legal analysis, summarizes the case conclusion, enlightenment and the relevant improvement suggestions. |
