The Application Problems Of System Analysismethod In Handling Criminal Cases Involving Network,for Example,the Network Defamation Explaination

Systematic interpretation method is an important method of legal interpretations, which the method of system of legal provisions sets the interpreted or single factor into the whole law and the legal order of interpretation. It is one of the important basis and reasons that determines the applicable law of specific cases in the process of legal norms, which has a unique characteristic and function.With the rapid development of science and technology as well as computer technology, the crimes related Internet become more and more rampant. The crimes related Internet such as the use of information network organized manufacturing spreading rumors, illegal business, using the information of network to insult others, fabricating facts to slander others, blackmail and imposing exactions on crime present a high incidence of state. So, in this context, in September9,2013, the Supreme People’s court, the Supreme People’s Procuratorate issued "on the implementation of management by information network defamation and other issues concerning the application of law in criminal cases to explain"(hereinafter referred to as the "interpretation" of Internet defamation)"The introduction of Internet defamation interpretation" provides a clear basis for libel, blackmail and imposing exactions on behavior that constitutes a crime against the use of the information network, which plays an important role in protection of the maintenance of social public order. However, in the process of the judicial interpretation, the emergence of a variety of issues has aroused widespread concern in the community.The academic thinks that the punishment of the ideological basis of legitimacy is the protection of law,"interpretation" of Internet defamation as an interpretation to the content of criminal law also has this goal. Constantly updated with the various public platforms of information network and the rapid popularization, for similar legal sense of the new things and events,"criminal law" will inevitably exist some deficiencies in the interpretation. The author thinks that based on the principle of legality under the premise, takes up the legal hermeneutics theory, especially the theory premise of interpretation and application rules, legally and boldly on the "interpretation" of Internet defamation to expand the capacity and scope of judicial interpretation, for the protection of the interests of the law and the constitution, has the special significance.How to bear the era of trust, also give a sweeping free and fair world to people, has become an important topic for every legal interpreter that must face.This article researches and explores from four aspects of this important topic.The first part is the systematic explanation method overview, mainly divided into four parts. This part is from the system interpretation of the meaning,"system" category, applicable premise of systematic interpretation method, and the rules of interpretation of the system interpretation of in four aspects. The second part is mainly about "Internet defamation interpretation" the background, social repercussions, summary and its necessity and urgency of the issue of "Internet defamation interpretation". The third part is mainly to discuss the internal application of system interpretation method and the construction of the internal elements of the system of Internet defamation interpretation. This part mainly analyze the application of the method of interpretation from the "specific provisions" of the main contents of Internet defamation that libel, stir up trouble crime, the crime of blackmail and impose exactions on, the crime of illegal business operation. The fourth part is the external application of the "explanation" of Internet defamation, namely the construction of the external rule system of Internet defamation. This paper mainly analyzes the subject, object and content putting the "network libel interpretation" into a larger system.In a word, through the analysis and discussion, we understand and deeply grasp the applicable conditions of the system of interpretation in network libel "interpretation", and have a more thorough understanding of the specific provisions of "interpretation" of Internet defamation, and enhance our recognition of the importance of interpretation method. Systematic explanation method not only has the profound theoretical basis, but also has some practical value to the application.