Criminal Regulation And Reflection Of Internet Defamation

Crime of defamation on the Internet is a new form of traditional crime of defamation. There is urgent need for it to be regulated by criminal law because it has a far reaching influence on the Internet and the influence cannot be removed easily. Judicial interpretation was introduced to compensate for the lag of the law.Water army and public relations firms are new subjects in criminal libel appeared in the main network. They are going to be the focus of future criminal regulation network of criminal libel. Tampering is a new behavior. Judicial interpretation of the quantitative criteria is a new trend. Its effectiveness is to be verified. Consequences of mental disorders and other accompanying proposal should be considered as sentencing factor. Standard subjective vicious is a tendency of a felony.Seriously endangered public order and national interests from law and the beneficial essence of the phenomenon of abuse as a public institution should not be included in the Criminal Law246. But that does not mean libel prosecution system is not required. When ordinary people choose private prosecution, the principle of public figures should be introduced. When ordinary people can not be completed because of the limited capacity of evidence, they may apply the public authority to intervene the case. Defamation of public figures, especially public officials is limited to protect the principle of caution actual malice.Network essentially criminal libel and defamation two rights to freedom of expression conflicts. You can apply the principle of proportionality, the principle of the case, such as to measure interest balance.This article concludes six parts: the foreword, four chapters and the ending.The foreword begins with a real case, which is the first case be judged after Judicial interpretation was enacted. There are some questions from this case of libel that lead to the four chapter.The first chapter shows the definition of the crime of defamation and some differences from traditional one. Internet libel and defamation in traditional is essentially the same.The second chapter analyzes the constituent elements of criminal libel network according to the judicial interpretation. The third chapter focuses on the Select Network Private and Public Prosecution of criminal libel.The forth chapter starts from the articles and discriminates the conflict of rules between the article of35in the Constitution and the article246of the Criminal Law. This is the nature of the problem in the network for defamation.The ending sums up the whole research of this article. And Expect China to be able to establish a system of legal regulation of defamation.