The Problem About The Judicial Congnizance Of Defamation Under The Network Environment

In recent years, with the rapid development of Internet technology, people has entered a new era of information. On the Internet, people can enjoy exercising their right to free speech. But with the development of economy, the increasing of Internet users, more and more complex network environment, many network problems have emerged, cyber crime is more and more. In recent years, the network defamation is more and more. Compared with the traditional defamation, network defamation spread faster,it has a greater social influence, and it is more difficult to control. More and more Network defamation, makes it hard for the existing laws and regulations regulating them. So in this paper, the author mainly puts forward his own opinions and suggestions about the problem of network defamation in the judicial practice.What is the subject of network defamation crime. The author mainly analysis the responsibility of network defamation content publishers, communicators and ISP.The author believes that publishers generally should bear the primary responsibility,and communicators only in exceptional circumstances should bear the criminally responsible.And we must provide clear standards, otherwise it will cause panic,and limit people’s freedom of speech. As network service providers, We should be treated differently according to different types.The second part mainly discusses the object of crime of Internet defamation, analysis corporate organization and the government whether can become the object of network defamation crime. The author believes that corporate organization and the government can not become the object of network defamation crime.How to identify the behavior of the network defamation, and how to affirm "fake","spread" and "serious". The latest judicial interpretation provides the applicable conditions by The Supreme People’s Court and The Supreme People’s Procuratorate.The fourth part mainly discusses the jurisdiction of the problem of network defamation crime, investigates the plight of "private prosecution" and "indictment" on network defamation criminal cases and the problem of territorial jurisdiction. The fifth part mainly discusses the problem of burden of proof about the network defamation, through analyzing the difficulties to provide evidence to private prosecutor,puts forward the method to solve the problem.Based on the analysis of these issues, the author put forward some recommendations. Hoping to play "initiate" effect, causing people to pay close attention to the illegal behavior of network communication.