On The Applicable Law Of Network Defamation

With the continuous development of information networks, the network is alsoincreasing criminal acts, the network is currently defamation was a violation ofcitizens’ behavior reputation of high momentum. Section246of the Penal Code forthe crime of defamation for which provisions have been unable to effectively defineand regulate presents many new features network defamation. For networkdefamation regulation and define problems mainly in three aspects, namely how toaccurately define the network defamation, libel anything incriminating behavior isthe standard network, and the network for defamation of public authority interventionproblems. Due to the lack of a complete legal system and clear the applicable criteria,there have been many controversial cases in judicial practice, and thus to develop acomplete and judicial interpretation is reasonable and practical previous academiccommunity has been highly anticipated and more effective practical solution.September of2013introduction of high-tech information network to handle theimplementation of the use of defamation laws to explain a number of issuesapplicable provisions of the characteristics of the network behavior of libel,defamation clearly defines network standards, but also will incriminate had to bevague and uncertain standards Specifically, clear conditions for the public authorityto intervene also be refined, clear boundaries to be handled between the public right tointervene. The introduction of such an explanation, there must be a lot of positivesignificance and practical value, but there are some judicial interpretation of the loopholes and imperfections in some aspects and details of the office, which for thecompliance with the principle of legality, in line with the Criminal Law Article246of the somewhat insurmountable, while the new judicial interpretation can not solveall the problems in judicial practice for network defamation law applies encountered,so we should hold identify problems, and constantly improve the attitude examine theinterpretation of the law applicable and the development of subsequent judicial.This paper is divided into three parts altogether, and the legal definition of thefirst chapter of applicable research networks defamation analysis, special features ofthe main concepts and major network analysis and presentation of networkdefamation, objective manifestations spread false questions, objects and behaviorproblems navy, selective features of the new network and the traditional defamationdefamationcomparison, combined with the latest judicial interpretation also appliesfor the Master issues a detailed exposition. Applicable law issues second chapterintroduces network defamation incrimination, to incriminate standard-" seriouscircumstances " analysis carried out, and the judicial interpretation of the provisionsin respect of the three " serious circumstances " were fully identified deconstruction,and certainly its rationality and value, but also a detailed analysis of the existingproblems. Question the authorities intervene third chapter introduces the networkdefamation, the legislative intent of the settings from the network libel proceedingscrime, defamation of public authority intervention network conditions and thereflection of the standard of three parts of the network access of the public defamationof public authority powers Expand the applicable legal issues involved in a similardiscussion.