On The "Severe Sentence" In Defamation

Judicial interpretation of internet defamation does not violate the basic principles of the criminal law, instead, it improper to narrow the scope of the crime of libel and there is a suspicion of the protection of the interests of the law. In today’s crime theory system, three kinds of situations of judicial interpretation provisions of "serious" can be found the theoretical basis. And the rate of view and click belongs to the basic constitution of crime, and causing the victims and their close relatives of suicide or self mutilation belongs to the objective conditions of punishment, and having been subjected of administrative penalty is necessary elements of improving the prevention of the responsibility.Criminal law of our country and foreign criminal have different patterns and our country adopts the quality and quantify legislation pattern. Therefore, in the provisions and judicial interpretation, there are "serious" as some conditions of crime establishment. Such practices provisions conform to China’s reality, and it has the necessity of its existence from the "ought to be" and "real to be", and it does not violate criminal law the principle of clarity, the judicial interpretation of the provisions of the "serious circumstances". In the criminal theory system, we can find the theoretical basis and its place.Although internet defamation of "serious" belongs to the provision of attention, in fact, it still can not escape the slander of the basic requirements. And if it is determined that internet defamation is established for crime of defamation, we must consider the behavior is consistent with constitutive elements of the traditional crime of defamation. Serious Circumstances belong to the comprehensive elements, and serious circumstances should be grasped and combined with means of defamation, result of defamation, degree of defamation and the motive of defamation.