The. Networks Libel Criminal Study

With the rapid development of society, the increasing popularity in the network today, some use of network as a medium of new crime also emerge. In recent years, about network management, network legislation, network crime has been increasing, in these problems in network libel deeds is common. Libel, people is not new. But for network libel, it seems that some people not familiar with, but in many network libel case is a controversial in the hot. Shaanxi first attracted much attention, people for network libel case of judicial organs this network libel case should the public security organs, procuratorial organs placed on file for investigation should public law enforcement mixed, some legal experts after the demonstration also draw very different conclusions. First is invited famous legal experts FanChongYi, BianJianLin eight XingSu aspects such as the authoritative argument from slander content that look first network not constitute a libel case of shaanxi province, or even libel law constitutes a libel, nor the exceptions of the provision of 246. On the other hand to GaoMingXuan, ZhaoBingZhi etc eight criminal law experts represented says, the libel case basically is to use network spreading false facts, and occur in "the special period of aseismatic" for local production, management order, road traffic order, social influence and national institutions caused serious influence normal work order. According to criminal law article 246 exception and of the provision of the relevant regulations of the ministry of public security shall be made by the procuratorial organs prosecution. The two pie legal experts contrary argument fuelled undoubtedly the debate degree. And the social from all walks of life for network libel argue is which is the basis of the criminal law article 246, paragraph 1 of the regulations. According to the provisions of the same person in the same event, the parties appear completely opposite conclusions interpretation, unless there are other unknown reason outside, believe we can think that the law is not clear and perfect. In this paper the concern in shaanxi hanzhong first network libel case as the breakthrough point, relevant network libel case in detail the controversy over law introduced in case, related laws facts in judicial practice of different produced in judicial practice, and then the author perfect effect in about libel in network libel case should be improved opinion. Mainly cases as the breakthrough point, according to the judicial practice to reflect the prominent problems, summarizes related legal laws and regulations, this paper discusses and put forward some Suggestions and achieve the purpose of improving judicial practice.