The Identification Of Libel On The Internet

The Identification of Libel on the Internet is a kind of network crimes. Based on the special path in the internet, the harmful consequence of defamation under the network environment is more serious. The criminal law is “the last lifeline ”which protects the rights of citizens, so it is important to know how to regulate the crime of defamation under the environment of the internet. This paper uses methods of the normative research and the case analysis. On the one hand, this paper combines the judicial interpretation which regulates the crime of defamation under the network environment, on the other hand, it introduces the typical judicial cases to decompose the comprehension and application in the Identification of the crime of defamation under the network environment, hoping to hold the real meaning of articles of law and the judicial interpretation to help the identification of the juridical practice. This paper consists of six parts.The first part is the question of the article. The question is how to solve some "network dissimilation" problems in the application of criminal law.The second part is focus on the question of the content of Internet defamation libel, and the analysis of the legal attribute of "false facts" and the two specific expressions in the network in order to exclude the freedom of citizen right of speech. In addition to clarify the connotation and extension of "false facts", the key to determine the “false facts" should consider the perspective of social harmfulness.The third part is the analysis of the objective behavior of the network defamation by the legal and judicial interpretation. Only the "spreading" behavior is its practice behavior. In addition, in consideration of the network defamation belongs to the state made, when we consider the limitation of prosecution of the determination in the network, we should consider it from the perspective of the state made. When we consider the "serious" situation in the determination in the network, we should consider it from the necessity of the protection of legal interests and the causal relationship in the criminal law.The fourth part is focus on the "circumstance of seriously endangering the social order and national interests” in defamation crime. On the one hand, we need to consider the interpretation of "mass incidents" restrictedly; on the other hand, it is necessary to clarify the public disorder in the view of the real system.The fifth part is focus on the subjective element of defamation in the network. It should include the indirect intent. The defamation in the network who spreads the "false facts" should "know exactly" and "actual knowledge".The sixth part is focus on the cognizance of criminal responsibility of the network service behavior. Because of the network service provider is different from the service type and range, a person whether taking the rap because of the behavior, we need to think it according to the conduct of its business and the unified principle of subjective and objective.