Under The Criminal Law Point Of View Of Network Defamation

With the continuous development of science and technology, the Internet has become the main media in the new era, How to regulate Internet behavior has become a hot topic. Accordingly, on the network crime legislation problem becomes increasingly prominent.In the judicial practice nowadays, network libel case is a hot discussed extensively, Compared with the traditional network defamation, libel show new feature, But because the characteristics of legislation itself is lagging behind, which makes the judicial practice in Internet defamation conviction appeared a lot of dissent, For network libel to system into the punishment, many scholars in recent years this problem also launched a lot of discussion, But in the new judicial interpretation issued, how on the basis of the analysis and discussion of Internet defamation is worth re examining and re thinking.New judicial interpretation of crime into standards for refinement of Internet defamation, but the reality of the situation is not far short of judicial interpretation of the scope of the. From the perspective of criminal law down to see online defamation crime, there are still many problems can study: In the judicial practice of Internet defamation crime how to operate, The contrast in the burden of proof, jurisdiction confirmation on the crime of defamation have what different? How the judge quote the law? According to the current case judgment to inverse push in the future about internet criminal defamation legislation construction and judicial feasible?The above problems have not been reflected in the current law, the scholars in the discussion also failed to reach a consensus.In summary, This paper attempts to in the criminal law from the perspective of the concept of network, by slander crime to explore the behavior of the elements, and discusses the characteristics of judicial practice.