Network Defamation Of Criminal Law Studies

Is not the focus of criminal law in our country, libel charges, but in practice there are still a larger dispute. Libel is to protect the citizen’s reputation and freedom of speech, if the exercise of the right to free speech violations to national security or social interests, damage the reputation of others, should be how to balance the state public power and civil freedom of expression, as well as the reputation of the relationship between research question become a libel. Defamation under the network circumstance into sin standard is what? Or network defamation under what circumstances would constitute a libel? This is discussed in this paper.The article structure is as follows:The first part is in the domestic and foreign libel concept analysis based on the study of basic theory of defamation, and discuss in the basic concepts on the basis of defining the concept of a libel. And discussed in the perspective of network defamation, constitute a form of network defamation clear, is the premise to define network defamation crime.The second part is about the cognizance of libel mode abroad and the supreme people’s court "about to deal with the use of information network implementation of libel and other criminal cases to explain some issues of applicable law (hereinafter referred to as" the explanation of "about network defamation) under the background of network defamation constitute the elements of defamation.The third part is the network defamation and related behavior difference. To constitutive requirements as the starting point to distinguish, accurately deal with the relationship between this crime and those crimes, as well as the guarantee for proper libel.The fourth part is the libel especially network defamation of libel problems in judicial practice.This part is the core part of the article, the judicial practice of libel that remain fuzzy place, with public power abuse, expanding the scope of the public prosecution. Published by the Supreme Court interpretation about network slander the network defamation act constitutes a crime the crimes specified conditions, to the judicial practice provides a relatively clear standards, but in the "about" the explanation of Internet defamation is still controversial, this part according to the explanation about network defamation, controversial provisions are discussed, and the "about" the explanation of Internet defamation for problems in their views.The fifth part is through the above discussed on the basis of libel in our country, this paper on the network defamation interpretation problems in practice and network defamation crime regulation of perfect, and put forward their views.