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Analysis Of Libel Conviction By Network

Posted on:2012-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:H XuFull Text:PDF
GTID:2216330371453513Subject:Law
Abstract/Summary:
Network libel is a brand new conduct that makes use of modern network technology as its medium. Network is characterised by its rapid spreading, easy operation, broad market and low lost as well. On the other hand, because of all above, to find the false information makers and disseminators turn out to be hard. In current law system, it's not so clear to convict, and not so easy to solve those problems. Firstly, the article will begin with Guo Degang libel and summarise the problems that exist in the cases. These cases reflect four aspects as follows: determination of libel conduct, of criminals, of voluntary crime and whether that does harm to society and nation. And then, the writer comes to a personal idea through some analysis. He guesses that jumping to a hasty conclusion for those false network information should be forbidden. Facing cases like this, we need to see if the words mean what the speakers really want to convey. Speaking of disseminators, nothing is more important than to confirm whether he is malicious and brings serious damage. In the writer's opinion,'indirect intention'is also involved in libel for his exaggerated description worsen the damage and brings serious social effects. If the objects are government officials, it's often far away from the determination that it does harm to society and nation. Because they don't symbolize the nation or the relationship between nations. Finally, the writer proposes four points from the issues existing in the case: 1. in the law making, libel in the special environment—network, should be standardize. 2. in order to enlarge the protection range, units should be considered as objects. 3. subjective network libel should involve'indirect intention'. 4. to further divide the standard of determination if it brings serious damage to the society and nation. Thus, we can restrain network libel better and make sure that information of network is true.
Keywords/Search Tags:Network Defamation, Cybercrime, Legal Rights, Network Behavior
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