The Theory Of Criminal Law Regulation Of The Internet Defamation

In recent20years, while the Internet brings much convenience to people’s lifeand work, it also makes Internet defamation flooded around the world, whichbecomes a hot issue to be solved. Compared with traditional defamation, Internetdefamation has its unique characteristics such as fast transmission, wide transmissionrange, low cost, etc. How to clarify the scope of the behaviors of Internet defamationand freedom of speech on Internet? How to apply the law accurately to punish thesecriminal acts and protect people’s personal rights and reputation rights? These are allthe theoretical and practical problems for legal workers.With the publication of a judicial interpretation about convicting and sentencingoffenders who spread rumors online that defame individuals or organizations, theseproblems seems to have answers. But it is still a big problem how we interpret thejudicial interpretation. This paper is to make some simple and deep research on thecriminal regulation about the Internet defamation on the basis of Article246ofCriminal Law and the interpretation.This paper focus on the Internet Criminal law of Internet Defamation that mainlyincludes five chapters, and attempts to comprehensively analyze the problem ofInternet Criminal law of Internet Defamation. Chapter1, as a opening words, is anoverview of discussing the basic situation and behavioral characteristics of the Internetdefamation in our country. After that, from the perspective of necessity and limitationof guilt, Chapter2discusses the necessary of constituting a criminal offence, and paysattention to one’s limitation at the same time, to achieve balance with freedom ofexpression on the web. Chapter3from the point that network defamation crimeconstitution，discusses when the network defamation is regarded as a crime, howshould we affirm it from objective and subjective elements. On this basis, Chapter4continues to deepening the distinction of criminal behavior among network defamation, network provocation, racketeering, and unlawful business operation.Based on these analyses, I expect reader can insight into Internet criminal behavior,and can bring numerous benefits to judicial practice. The paper did not stop there,Chapter5expounds the quantity of crime about network defamation and joint offense,and makes some useful discussions around the Internet Criminal law of InternetDefamation.