A Study On The Criminal Legislation Of Internet Defamation

Since the rapid development of information technology network, the network defamation offenses uncommon, the network has become increasingly rampant criminal defamation. The current status of research in terms of whether or libel have been thoroughly discussed in the foreign criminal law in the country, but that comes along with network information technology new types of crime- Network libel study investigated less. This paper will compare to the real history of carding, the national research from the comparison in the world, and then reflect on Chinese criminal law theory research and the existing legislation on network libel libel provision of the network. In this paper, in September 2013, "Supreme People’s Court, Supreme People’s Procuratorate on the handling of criminal cases of slander and other information networks applicable to a number of issues of interpretation" also refer to the "Criminal Law Amendment IX(draft)," the relevant provisions on defamation crime networks and Existing research results as a starting point, for judicial interpretation of criminal law provisions on defamation on the internet flaws and disputes as well as our criminal laws should set up a separate network for defamation explore new sin. In this paper, together with the introduction of three parts, a total of about 30,000 words.The first part of this article discusses the current situation of domestic and foreign scholars on criminal defamation Research Network, introduced the current countries of the network defamation crime law, to make a scientific analysis and summary views are defined by a scholar of the concept of network libel. Secondly, through the popular online defamation cases appear to collect our current collection of specific forms of cybercrime, summed up the characteristics and manifestations of network libel.The second part of this article discusses the network defamation Problems crime legislation. Mainly from three aspects to discuss: first, the crime of defamation network. The main difference between libel and slander of the network, and then discuss the network defamation libel brought into question, which leads to a separate network libel incrimination is more appropriate. Second, from the constitutive elements of crime, combining "network libel explained," and refer to the "Criminal Law Amendment IX(Draft)" on cybercrime related content, the interpretation set forth in academia in the main crime, crime subjective aspect of crime objective aspect, there is controversy object found on the crime. Third, from the perspective of public prosecution and the private prosecution put forward by civil action for defamation network processing is reasonable? How should we defamation qualitative network?The third part is mainly carried out for the controversy and questions raised by the analysis of the second part, the answer, and put forward proposals to improve the legislation. General structure is: First, the theoretical basis to specific practical standpoint, summarized demonstrated network libel incrimination alone the necessity and feasibility. Second, is drawing on defamation and disrupting public order offenses on the basis of network libel were redesigned. Divided into five main aspects to discuss:First, a summary of the concept of inductive network libel;Second, the network libel constituent elements: First, the elements constituting the reference portion of the body of the "Criminal Law Amendment IX(draft)" provides emphasis network service providers obligations, the unit subject as one of the main crime; secondly, in crimes The subjective aspect, finds network libel is direct and indirect intentional intentional to constitute a crime, not a crime delinquents; again, the objective aspect of crime, from behavioral traits and characteristics of object features and circumstances discussed in the perspective of network libel, and issues surrounding the proposed second chapter, with "network libel interpretation" and "Criminal Law Amendment IX(draft)" to answer it and analyzed and summarized; Finally, elements of the object, I first proposed the concept of a network of public order, and as their main object of network libel, defamation and secondary object complex object composed of others.Third, is the punishment to design network libel, mainly from the kinds of punishment and torture of two aspects of the argument;Fourthly, the classification of libel chapter network; from the perspective of the object, with contradictory theory of Marxist philosophy, qualitative network libel, and classify sub-chapter;Fifth, the network is positioned as an indictable libel cases. Analysis of each academic point of view, the proposed network is positioned as an indictable libel case basis and advantages.