The Judicial Application And Perfected Of Libel Charges Under The Network Environment

In recent years, in common with the internet universalness people realized that it more easier on using internet without consider about the time and place than before. The internet can be used anytime and anywhere, although it is take more convenient to the human beings life,but the rapid development of mobile network also provides a broad platform to the libel charge breeding and spread, and it also increased the probability of network libel charge’s case. Because of this phenomenon occur more frequently year by year, The country released a law which is named <The supreme people’s court, the supreme people’s procuratorate about to deal with the use of information network implementation of libel and other criminal cases to explain some issues of applicable law>on September9in2013. This "judicial interpretations" has been solved the problems when some actual operations meet the case which about the network libel charge case’s identify, and it also has more strong and more applicable compared with past broad. But because the network itself has a complex environment and characteristics, so this<judicial interpretation> can or not bear the test with judicial practice is an open question. Although the new explanation about the network libel charge has been offer a certain legal basis for the judicial application, but our country was not public any Special law about network criminal. So it is hard to say that law is perfected although our country has released the<judicial interpretation>. This article is aim to find some contradictory problems which exists in the network libel charge practice, ane based on this found, the author is trying to improve and make up the defects what are appear in using<judicial interpretation>to solve network libel charge.This article is divided into five parts, the first part is about the article research background, the research purpose and meaning and some kinds of research methods. The second part mainly expounds the regulation about our country network libel charge. The third part mainly analyzes after our country public the new<judicial interpretation>, with the frequently using, we has been found some contradictory problems on the applicable. The fourth part are mainly write about some suggestions for make up the<judicial interpretation> which is basis on put forward the questions and draw lessons from the practice of Japan and South Korea.