Judicial Determination Of Internet Defamation Crime

In the wake of the popularization of information networks, the criminal incidents of online defamation are emerging in an endless stream. Online defamation refers to the false statements spread via the Internet that distain the personality and damage the reputation of others. Different from traditional defamatory actions, online defamation is communicated faster and causes social consequences on a larger scale that are more difficult to control. Online defamation not only brings serious adverse effects to the life and work of individuals, but also jeopardizes the sound development of network environment.The Interpretation on Several Issues concerning the Application of Laws in Handling the Criminal Cases of Using Information Networks to Commit Defamation (hereinafter referred to as the "Interpretation") implemented by the Supreme People’s Court and the Supreme People’s Procuratorate in 2013 stipulates some specific situations encountered in judicial practice, including the determination of "serious circumstances". Although the Interpretation partly provides a powerful legal basis for determining online defamation, the complex network environment makes it difficult to duly apply the judicial interpretation in practice. Because our country traditional criminal law based on the realistic society, when dealing with the virtual network crime has limitations, "Interpretation" is only for part of the problem to deal with, but the issues need to be further clear:forward in line with the actual number of regulation; forward that need to be combined with its own characteristics and composition of libel judgments; for fabricating false information on the Internet to spread creating disturbances can be into the consideration of sin and so on. To fundamentally solve the problem of cyber crime, need to make special criminal legislation on cyber crime.