| Recently, the information high-tech of network has a big progress, the network has become the majority tool of access to and transfers of information which people can not live without. Clearly, network makes our lives more plentiful, adventageous on account of its vast coverage, faster delivery velocity and rich frames. When the internet enrichs our lives, some disharmonies happen. Some criminals utilize fast, wide coverage and other advantages of the internet spread false facts malicious slander others, damage the reputation of others. Chinese current criminal law and related interpretations libel internet specification is more specific. The interpretation has made intense discussions among the academic and research community on it.This paper highlights the following analysis through some specific cases which have happened. Then the paper analyzes the problems that internet defamation precautions should been made clear in subject, the objective and subjective aspects. On the subject side, we mainly demonstrate the duty of publishers, peddlers and the provider of internet. In the matter of objective side, we mainly analyze the behavior and whether the circumstances are serious forms of identification, the subjective aspect of intentional defamation network. Through the above analysis can see some difficulties when existing laws regulating the existence of internet defamation Then I would feel about our own laws against defamation perfect network regulation made some suggestions. In the aspect of legislative level, the proposed law on the subject of crime increase network unit for criminal libel body, make the intension of reputation right clearer, specify the legal boundary of "serious circumstances". In the aspect of judicial level, enlarge the surface of the provision, then increase the flexibility of the number, makes the provision clearer. The proposal of the author do not quite perfect, but also look forward a better future governance internet defamation can contribute slightly. |
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