The Problems And Solutions Of Internet Defamation Crime

With the development of information network technology,People comment on internet is becoming more and more convenient and quick.Together with the anonymity of the internet and information communication of universality and fast,Online speech will quickly produce fusion effect and instantly attracted wide attention,That makes the network become a hotbed of those false statements to breed and spread. Some people think that speech in the network will not be prosecuted,At the same time, there are also some people arrested by officials because of accusing officials of the illegal behavior. In recent years, The internet defamation cases have caused widespread controversy in the judicial practice.That highlights the dilemma when the criminal law in face of this new internet crime. So in addition to strengthen the supervision of the internet users, improve their moral and legal literacy,we should establish a set of scientific, reasonable judicial mechanism to investigate the crime of internet defamation effectively and maintain the behavior of exercise the right to free speech.Therefore,in this article I discuss the problem that the internet defamation crime encounter in judicial practice and the solutions to this problems.There are four parts:The first part is an overview of internet defamation crime, It is about the concept of internet defamation, characteristics and regulation status of internet defamation crime.The internet defamation crime is a new form of traditional defamation crime and now we in accordance with article 246 of the criminal law and the Judicial interpretation about internet defamation crime to regulate the crime.At last,there are two case about Internet defamation crime.Part two is mainly about the problem of internet defamation crime in the judicial practice.First,the line between the behavior of exercising the right to free speech and the crime of internet defamation is not clear; Second,It is difficult to identify the criminal responsibility of internet service provider; Third, The jurisdiction of internet defamation is uncertain; Forth, It is hard for the private prosecutor to obtain enough evidence to support the litigation due to the anonymity of the network and the high standard of proof.The third part is the countermeasures of solving the problems that are put forward in the second part.For the problem that the boundary of internet defamation crime is not clear, Weshould strictly limit the scope of internet defamation crime,prohibit state organs as a victim filed a libel suit and limit the protection for national officials’reputation; In view of the problem of network service providers’criminal responsibility,If the network service provider release or reproduced false information in its own name, it can be established libel alone,and if the network service provider don’t delete the false information after the the victim request them with some evidence, the network service provider would constitute a common criminal with the slander; About the problem of internet defamation crime’s jurisdiction,When there is uncertainty about where the libel information is uploaded, the network server’s location can be the basis of jurisdiction; Finally,the problem about the evidence,when the private prosecutor is difficult to obtain enough evidence,the police or the court should assist them to collect evidence,and the slander should bear the burden of proof for the authenticity of the speech,or he will assume criminal responsibility.