Research On The Criminal Law Regulation Of Network Defamation

The growing popularity of computers and the Internet has brought great convenienceto the public life today. However, everything is a double-edged sword, when people enjoythe convenience of life, it is also facing some new problems, such as the increasinglyrising the network for defamation. How to regulate the network behavior, and how toeffectively combat network defamation crime, has become an unavoidable problem in thenetwork society. In terms of the order of “advancing problems, analyzing problems,solving problems”, the paper discusses the network defamation from the perspective of thecriminal law regulation. The whole paper is composed of six parts:The first part: Introduction. The paper analyzed the theoretical and practicalbackground of the study, given the basic research framework and demonstrated thesignificance of the study.The second part: defamation of network and its hazards. To investigate the basicconnotation of the network defamation, showing the form and the basic characteristics ofthe network defamation.The third part: the network defamation conviction. According to the constituentelements of crime, the paper analyzed the Subject, the object, the Subjective aspect andthe objective aspect about the network defamation crime. By analyzing the networkdefamation and freedom of expression, tort, etc., the paper explored the basic conditionsand the standard of Network defamation crime.The forth part: the Criminal Regulation realistic dilemma of Network defamationcrime. By investigating the plight of “private prosecution” and “indictment” on networkdefamation criminal cases, the incrimination standard fuzzy and so on, the paper analyzedthe reality plight of the network libel criminal regulation by the existing criminal law.The fifth part: the Criminal Regulation countermeasures of the network defamationcrime. According to the issues raised by the fourth part, the paper given the specificmeasures of the network defamation Criminal Regulation form From the aspect ofperfecting legislation, strict judicial process, strengthen the construction of an informalsystem.