Cyber ​​slander 's Criminal Law Regulation

The development of Internet technology makes the network become an indispensable part of people’s life. Intelligent terminal network tools such as mobile phones, computers, electronic products cover all aspects of people’s life. Network made our daily life convenient, but it also led to a series of social problems, Network defamation crime is one of the problems which is very prominent. Internet defamation is more dangerous than traditional one due to its particularity..There are both connections and differences between Network defamation and traditional defamation. This article combines "the explanation of the Supreme People’s Court, the Supreme People’s Procuratorate on the applicable law of libel and other criminal cases which make use of information network "(hereinafter referred to as "" explanation"") and the other regulations too research and analysis the Criminal law of Internet defamation. It is discussed mainly from the following aspects:The first chapter, introduction part, makes a brief introduction of the background factor of the topic of this thesis, the research meaning of criminal defamation crime, the current situation of legislation on the internet defamation crime and research method to put forward the topic of this thesis. The second chapter analyzes and defines the concepts of defamation and internet defamation, stating the reason and background of internet defamation. Based on the discussion of the current legislation of internet defamation in civil law system and common law system, also comparing with foreign experience of legislation and practice, this chapter analyzes the current crime situation of internet defamation in China.The third chapter, based on the relevant provisions of" explanation ".From the perspective of crime constitution of internet defamation, to discuss and analyze the criterion of internet defamation crime constitution. The subject aspect analyzes the producer and transmitter on the internet defamation, internet service provider and internet news media. The object aspect makes an elaborate clarification on "others" emphasizing on the criterion of "defamation through making up a story" and "severe violation". Meanwhile, this chapter makes a contrastive analysis between the behavior of internet defamation and freedom of expression, causing disturbance, false accusation, stating the connection and difference between internet defamation and freedom of expression, causing disturbance, false accusation. To intensify the constitution of internet defamation by "explanation" and "criminal law amendment (9th)".The fourth chapter, according to the present status quo of legislation on internet defamation to analyze the problems existing in the present situation through 2 aspects. In the aspect of legislation, there is no complete legal system on Internet defamation crime in our country. The standard sin of internet defamation is low in criminal legislation. and the behavior is not specific, the linkage between the private prosecution and public prosecution mechanism is not sound. In terms of justice, excessive suppression of libel government or public figures of speech, operability in practice is difficult to determine.The fifth chapter aimed at the problems existing in the network defamation law and regulation.Putting forward the counter measures to solve the problem from the legislative and judicial level.On legislation, comprehensive legislation, strengthen the cohesion between each department, establish and improve the network supervision system; Focus on strengthening criminal legislation, to perfect criminal legislation defects, enhance the operability. In terms of justice, the right attitude towards’s about libel government public figures of speech. clear network defamation case jurisdiction system. and improve the mechanism of the linkage between the private prosecution and public prosecution.