Two Criminal Law Analysis Of Network Libel Case

With the rise and development of the Internet, information exchange takes place in human society qualitative leap. Network to bring convenience, but because of the behavior of virtual and anonymity, defamation through the Internet cyberspalce is also increasing, which is not only a serious violation of the victim’s personal reputation, but also hindered the healthy and orderly network environment development of. Many countries have introduced legislation based on this situation, the network libel, and in judicial practice has accumulated a great deal of jurisprudence, the incidence of Internet defamation cases is rising year by year, but the law of defamation, but the relative lack of regulatory aspects, decontamination network environment advocate network civilization has become a common voice of the world’s Internet users. Thus, for crime prevention network defamation became imperative. Defamation crime prevention network, in addition to improving the quality of Internet users, and other measures to strengthen the scientific and technological means, but also to regulate and correct guidance from the law. However, the law also has its stability and hysteresis for emerging Internet defamation cases, the traditional theory of criminal law and become stretched. With the network libel growing social harm, criminal law as the most powerful means of prevention and final maintenance of social order, should play its effectiveness, through the network of criminal defamation laws were made to effectively combat cybercrime defamation, ensure the safety of cyberspace Health and civilization.Articles from both the network libel starting analyzed from the perspective of criminal law, the paper consists three parts:The first part introduces two libel cases, the network that Qiumouqing with Chi Wei, Wei Haifeng libel and Xu with Zhang and a certain Internet companies libel, the focus of controversy summary of the case, that the main responsibility for the crime of libel network identification, definition of defamation network of "serious cases" of that issue and to determine the jurisdiction of criminal libel network. The second part of the focus of the case for in-depth analysis, the focus of the first part of the four proposed to go into, to provide adequate theoretical basis for this case the focus of controversy. Article did not stop there, and the third part is an analysis of both the network and thinking libel case, the court judge the results of the two network libel analyzed, and proposed some superficial suggestions judicial practice in similar cases, hoping to benefit the work of the judicial practice.