Research On The Criminal Problems Of Internet Defamation

Internet defamation is a behavior of spreading false defamatory information through the micro message, micro-blog, blog and other emerging network media in today’s highly informational society.Because the network slander spread fast,wide,complicated and other characteristic.by using the internet defamation,the social influence is bigger and more harmful than using the traditional way.Therefore,the internet defamation has gained widely attention.In the internet environment,how to control the behavior of defamation has become an urgent problem.In 2013,The Supreme People’s Court and The Supreme people’s procuratorate jointly issued a judicial interpretation on the internet defamation,further refined the conditions of internet libel and specific quantified the elements of identification such as “serious”.However,due to the deviation of the understanding of the law in the judicial practice,a lot of the judicial application was inaccurate,and how to further clarify the intension and extension of the identification standard of internet defamation is the main purpose of this article to discuss.Combining the latest judicial interpretation on the internet defamation,the article start with the reporter Liu Hu’s libel case,through the analysis of the focal point and the controversy,then introduce some specific problems of how to define the internet libel action,such as the elements of defamation crime,the cognizance standard of public prosecution and the measurements of the quantitative measures etc.The author attempt to solve the problems related to the identification of the internet defamation through these internet defamation related concepts and analysis to define the crime and non-crime,public prosecution and private prosecution standards.Based on the analysis of these issues and combined with the specific legal provisions in practice, the author put forward some recommendations,and during the process of law enforcement,as far as possible reduce the act of violating the legitimate rights and interests of citizens.