Analysis On Implementation Of The Crime Of Defamation By Internet

The use of information network defamation is one of the recent high-profile crime, Especially when "WangShuai""" YanDeli case" Fan BingBing libel case "and other similar case is more and more full of our line of sight. Using the Internet defamation on the implementation of the high-tech platform has quietly become a way of infringe others’ reputation, Reputation is our country constitution of citizens’ basic rights, However, when the traditional defamation by means of the power of the web, Citizens reputation damage will be amplified to many times., So attacking network in the field of defamation is necessary, But at present our country criminal law for the regulation of libel itself is very general, And the related theoretical research is very scattered, So in practice, When handling the network in the field of libel, The judicial organs are generally to article246of criminal law and In April2009<The ministry of public security notice about strictly in accordance with the law to deal with insult the libel>To handle the case, But after all the network in the field of defamation and traditional defamation in constitutive requirements, there are large differences in such aspects as harmful consequences, And the lack of law make the judge discretion intangible expand, Leading to all parts of the connection with different phenomenon, Based on the situation, the supreme people’s court, the supreme people’s procuratorate released<About to deal with the use of information network implementation of libel and other criminal cases to explain some issues of applicable law>On September6,2013, The explanation for "false facts" in the criminal law,"serious""endanger social order and national interest" and the academic words has carried on the detailed explanation, Academic circles is generally believed that the explanation for the regulation network in the field of defamation will play a role in promoting, At the same time also explain that there are still some concerns, So this article will begin from famous network defamation cases together, Based on the case, Analysis of the current dispute for this kind of crime is larger, Then according to the steps:posing Problems-Discussing Problems-solving problems,to form the full text beginning, middle and end parts of an organic whole. Specific arrangements are as follows:This article is divided into five parts altogether, The first part is to introduce the case to carry on the simple introduction of case, make the reader to the network in the field of defamation cases have a overall understanding of; The second part is based on the case, the analysis in the field of network defamation case is controversial problems, discussed about the trade-off between freedom of speech and reputation, the choice of private prosecution and public prosecution, sentencing differences for different subject, about the circumstances are serious, such as sentencing standards and venue; The third part, through to the network in the field of the concept, characteristics and constitutive requirements of defamation and other comprehensive analysis, and make a qualitative analysis on the case; The fourth part is the foreign related legislation on Internet in the field of libel, system; Finally on the basis of the above discussion as well as other country legislation proposed my.recommendationsAlthough it is a simple case, but it bring us deep thinking is endless, the author is under such a background to detailed analysis of the case, in order to reference for dealing with such cases in the judicial practice, saving judicial resources, effective protection of the citizens’reputation, jointly safeguard the network space harmonious environment.