Criminal Regulations On Network Defamation

With the speeding development of modern network technology, Internet hasalready covered each corner of people’s life by smart phone and computer. People getlots of benefits from Internet, meanwhile some new problems arise, of which isnetwork defamation crime. Compared with the traditional defamatory crime, thedefamation via network can jeopardize the social order with more harmful results. Onthe basis of the differences between the traditional and the network defamation, somefollowing contents would be introduced in this thesis in consideration of “The JudicialInterpretation About Implementing Defamation And Other Crimes Via NetworkIssued By The Supreme People’s Court And The Supreme People’s Procuratorate OfThe PRC”(hereinafter “the Judicial Interpretation”).Chapter one gives a brief introduction of the common defamation, the networkdefamation and its characteristics. Then the legislations of network defamation in civillaw system and common law system are introduced, respectively representing byGermany and America. At last, the conditions of Chinese legal regulations of networkdefamation are discussed.Chapter two mainly introduces the detailed constitutive requirements of networkdefamation crime based on the newest regulations in the Judicial Interpretation. Aboutthe subject of crime, the information disseminator, the network administrator and thenetwork news media are admitted to be the subjects of the Internet defamatory crime.In the subjective aspect, whether the indirect intent can constitute network defamation crime is mainly discussed, especially about the disseminator’s indirect intent. In theobjective aspect, the criteria of “fake or distort fact and then spread the fact” arespecified. After that, it defines the requirements of the amount, the harmfulconsequences and the subjective malignancy which can constitute the statutory"severe case". On the object of this crime, it states how to analyze “other person’srights of reputation and dignity”.Chapter three finds and discusses the problems existing in the legislations andthe judicial practices in China. On the legislation aspect, some defects exist in thesystem of whole network legal regulations and in current criminal statutes, such as theloose criminal requirements, the unclear criminal modes of behavior, and theunsmooth transformation between private and public prosecution. On the judicialpractices, the critical opinions on government are overly suppressed. Moreover, howto decide the venue with legal jurisdiction is in confusion.Chapter four comes up with some suggestions aiming to solve the problems inChapter three. From the perspective of legislation, we should enact a systematicnetwork law, build up the network administrative and surveillant system, and thenissue the specific directory about the Judicial Interpretation as soon as possible. Fromthe perspective of judicial practices, we should equally treat the criticism towardsgovernment and make efforts to perfect the jurisdiction rules.