Research On Criminal Law Regulation Of Network Defamation

The purpose of this paper is about Internet defamation. The paper starts from general situation and Chinese Criminal Law about Internet defamation. Studying should enlarge the purview of Internet defamation. It means not only pay attention on the slanders between people with people, but also on the slanders to corporations and official departments. It will facing several difficult positions when regulate Internet defamation with Chinese Criminal Law. Such as law concept controversy, statistical method, government authority, Internet Service Provider’s responsibility and the sentencing of Internet defamation. To solve these difficult positions, this paper cites a plenty of authority statistic and judgments from Referee instrument network. By this way, finding the exit of regulating Internet defamation with Chinese Criminal Law from five aspects. Speaking to law concept, the cyber space is contained public place and network order certainly is contained social order. In restricting government authority, discussing the transition from private prosecution to public prosecution little by little under the concept of preventing abusing of the government authority and at the mean while enhance open and transparent in the procedure of handling false information. The responsibility of Internet Service Provider should be clear and shouldn’t provide disclaim as long as erasing after informing in a word. It should provide Internet Service Provider takes responsibility when beyond time limitation of disposing in time and worse influence by function setting. Moreover, it should provide reviewing authority for Internet Service Provider. Identify defamation should depart fabricating facts behavior and insulting behavior. The object of Internet defamation contains juveniles, civil servants and public figure. The regulation of defamation also different when object different. In this way, we can find the boundary in freedom of speech. In Criminal Law legislative field, we should integrate law and judicial interpretation, adjust legal circumstances, and broaden prohibition order and punishment against qualifications, all above these are the must when traditional crime comes across with Internet crime. Besides regulating Internet defamation by Criminal Law, we can also exploit administrative means and industry association.