About "libel"

Scientific and Technological progress, The growing popularity of the network to bring people more convenient, while enjoying the convenience brought by the network of life at the same time, people are also faced with the disclosure of personal privacy was arbitrary and personal reputation has been arbitrarily discredit predicament.Defamation provisions in China's criminal law in the whole not a major crime types, their law is also vague.However, as China is in the network era of rapid development, involving "network freedom of speech" and cases of more and more of the criteria into "freedom of speech" and "criminal defamation" of the boundary, we need to solve problems.The frequent occurrence in recent years, the network defamation cases, such as "Shuai quote case", "Caoxian quote case", "Yan Deli case" has sounded the alarm.These cases reflect, in today's society, "libel" vague, flawed requirements and real-life cases of Internet defamation produced a strong surge in the conflict, specifically in the following areas: (1) "private prosecution" and "indictment"of conflict; (2) the public security organs "omission" and "chaos as a" conflict; (3) "serious harm to social order and national interests" recognized standards of conflict; (4) "jurisdiction confirmation" of conflict.These laws conflict with reality shows: the provisions of China's traditional libel can not meet the current Internet era the need for punishment of the network for defamation.Therefore, from a realistic point of view, whether civil or criminal penalties for infringement are criminal libel provisions require refinement in order to enhance the operability of practice.Meanwhile, the "Web defamation" is also one of the elements of cyber-crime, from the network is expected to sprout up to now swept the world, the network has become an indispensable tool for people's lives, but look at China's current law, the frequency of cloth of some cases involving certain Network infringement, cyber crime, the legal provisions, in fact, had not established a systematic, comprehensive and effective law into the overall jurisdiction of cyber crime.Although the law has a "lag" feature, but this lag is also a time-limited, and if problems are identified the status quo is not timely analysis of proposed solutions to the problem, it will enable more rights have been infringed, and thus will affect thethe normal operation of the entire social order.So for today's appearance of such a network of defamation issue, we also should be timely analysis of the study, and on this based on the reasonable opinions, to make rules to establish an effective network of punishment, which of our other online criminals, the reality of the punishment has a strong reference views.This paper attempts to identify problems, analyze problems, problem-solving approach, will try from the following aspects of the issue analysis, research: First, "network libel," the definition and characteristics; 2, the existing legal provisions and the "Networkdefamation, "the reality of conflict; 3," Network defamation, "the identification standards; 4, extraterritorial legislation and practices; 5, need to refine several aspects of legislation.Through this analysis, research trying to make people on the network shows dangers of defamation have a clear understanding and aims to propose the legislature, refine "defamation" of the penalty standards, improve the law, the creation of "Web defamation", and seriously endangering the social order, violating the reputations of others are punishable with a view to safeguard the citizen's "freedom of speech" rights, so as to achieve to promote the sound development of the network order, the ultimate goal.