On The "Forwarding Five Hundred Times" Standard Of Incrimination

Under the background of information age, with the upgrade oftechnology and science, the internet has become more and moreimportant in people’s daily life. As the saying “Internet is a doublesword”, though we are enjoying the easy way to get information, there arelots of illegal information, which will do harm to the cyber space. Toregulate the order of the cyber space and protect the well environment forspeech, the interpretation on the criminal case of slander made use of theinternet by the Supreme People’s Court and the Supreme People’sProcuratorate has been made, which caused a hot debate in the society,especially the Article Two, which includes the content that “Someone willbe put into prison as long as the illegal information sent by him wasretransmitted for five hundred times”. Due to the unsuccessful guidanceof the media, the public has misunderstood the standard to convict. Theaim for the author to write this thesis is to make a fair access and removethe misunderstanding by discussing this standard in a theoretical andpractical perspective.Except the introduction and the conclusion, there arefour parts in this thesis organized by the writing logic:Part One: Putting forwarding the question. On the basis ofintroducing and analyzing this interpretation and the first judicial caseabout it, the point that whether this standard to convict is fair will be got;Part Two: On the basis of part one, characters of the information diffusionunder the traditional media era and the new self-media age will bediscussed and the definition of retransmitted in the sense of criminal lawwill be talked about; Part Three: Putting forward the the two standards toconvict in different background and showing the difficulty for thetraditional standards to be applied to the new situation; Part Four: This isthe main part of this thesis, the aim of which is to answer the questions inthe first part and prove the rationality of this standard. At the same time,the effort will be made to show that this standard can be applied in manyother criminal rules, which related to the information diffusion in the self-media age.