The Theory Of Criminal Law Regulation Of The Network Defamation

Era of comprehensive network provides citizens with excellent publishing platform, the exchange of information and expression to the online world is not a piece of pure land, the network of the occult and virtual sex provides network defamation crime with the spread of growing space. Network defamation crime, not only the infringement of the rights or reputations of citizens, and adverse effects on the network order, in recent years due to network defamation serious influence social events emerge in endlessly, defamation crime prevention and control network is imperative. Our current criminal legislation will network defamation crime in article two hundred and forty-six of the criminal law regulation, libel name has its rationality, starting on September10,2013of the supreme people’s court, the supreme people’s procuratorate on libel and other criminal cases dealt with the use of information network to explain some issues of applicable law (hereinafter referred to as the "apply to explain") of the original fuzzy network defamation standards and conditions for the public prosecution to boot into the sin is clear, from a certain extent, alleviate the network defamation crime in practice applicable in distress situation. But not so looking forward to the issue of applicable interpretation can solve the problem of network defamation crime all once and for all, the rigidity of the language and the law requires that we lag combined with background of network times further defined the applicable interpretation. And, the applicable to explain some of the provisions of regulation seems too severe, it is necessary to clarify the boundaries of sin and the sin. Under the background of network era libel in what state? What are the new network defamation crime than traditional libel characteristics? According to the new "applicable interpretation, network defamation into sin what is considered the standard? How to balance the proviso of article two hundred and forty-six of the criminal law under the public prosecution and private prosecution of conflict? How to restrict public power abuse libel? Can introduce disclaimer improve libel the current situation of "crime of reentrant light out? These problems become the before network defamation crime is "disease".This paper revolves around network defamation crime of criminal law, which is divided into two parts, the preface and text text part includes four chapters. The introduction part of the present network defamation crime, the author introduce the status quo and difficulties, puts forward the several problems facing the network defamation crime, and briefly expounds the purpose of this study, research methods and research significance.The text part includes four chapters, the first chapter is put forward of the problem. First of all, the paper analyzes the background of the age of Internet defamation crime and transmission platform. Then, compares the difference between libel and slander cybercrime, traditional network slander than traditional defamation of lower cost, more subtle, harmfulness bigger, spread faster and spread is wider, transmission way more diverse, afterwards relief more difficult, because there are more different from the traditional network defamation crime libel, in the network of libel case into the charges standard and litigation right configuration issues need to fully consider the characteristics of Internet defamation. Finally, this paper introduces the network defamation of response and the challenges of criminal law, the existing questions about the lack of criminal legislation and judicial interpretation, points out the necessity of the study.The second chapter discuss the standard is network defamation crime into sin. First of all, applicable to the interpretation of the network defamation to interpret the provisions of the applicable scope and comments. Then, the academia and practice on Internet libel border part of the criminal law point of view are reviewed. In the end, is the author personal point of view of network defamation crime criminal law boundary. From its border, the cognizance of "serious" and "V" phenomenon in three aspects, combining with the applicable explanation put forward their own thinking.The third chapter discusses network libel litigation right configuration problems. Firstly analyze the necessity of let public rights in network defamation crime, through the analysis of the particularity of network defamation, public power has the advantage of public power intervention in the legal theory basis and the practical significance of the public power intervention, it is concluded that the regulation of the power of public network defamation crime is essential; Then according to the applicable explanation to the proviso of article two hundred and forty-six of criminal law to understand and apply for analysis, analyzed the applicable explanation in article5of the damage to the nation’s image, which cause serious damage to national interests include libel and article7of local party and government leadership "other serious damage to social order and national interests".Fourth chapter on the network defamation crime can introduce disclaimer boldly set, to add the necessity, the outside network defamation crime and Macao and Taiwan on the application of the disclaimer, finally puts forward the add network defamation disclaimer specific provision of advice, hoping to provide some beneficial reference for the judicial practice.