The Identification Of Network Defamation

Now, with the continuous economic development and the third technological revolution continues to progress and improve people’s living standards are constantly improving, the Internet increasingly into the everyday life of ordinary people. But since the United States broke the "prism" scandal Since we are deeply worried about the safety of our network. When the conventional libel encounter the Internet technology, it will produce a new type of network libel offenses and criminal acts such as the widely used network technology gradually spread to every corner of our lives. From the judicial practice in recent years, the incidence of network libel cases showed an increasing trend. How to better regulate the network defamation offenses, such crimes and how to effectively combat, it has become China’s current judicial practice urgent problem.September 2013 the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the "handle information networks for the implementation of defamation issues of applying legal interpretation", provides the characteristics of the network defamation, a clear definition of defamation network standards will also incrimination had ambivalent criteria to be specific and clear conditions for the public authority to intervene also be detailed, clear boundaries to be handled between the authorities intervene. Such an interpretation of the introduction, will have great positive significance and practical value, but the judicial interpretation, there are some loopholes and imperfections in some aspects and details of the office, which comply with the principle of legality, in line with the Criminal Law the provisions of Article 246 of the somewhat insurmountable, while the new judicial interpretation can not solve all the problems in the judicial practice defamation law applies to network encountered, so we should hold identify problems, and constantly improve the attitude examination and the development of subsequent interpretation applicable laws of justice.This article consists of an introduction, body and conclusion. Introduction is the first judicial interpretation promulgated after the implementation of typical cases are tried, the article by the existence of judicial interpretation of the case leads to the application of the text. In this paper, the meaning and characteristics of network libel, first elaborated the main issues network libel cases encountered in practice, thus constituting element of the crime is found on the network so that we can develop an understanding of defamation offenses. By working on these issues on which the relevant concepts and fuzzy points for analysis and description, a clear crime or, subject scope, subjective form of sin, the objective aspect, so as to solve the issues related to "network libel crime" that the. As the network defamation violation of the person’s reputation, the result of calculation for damage is difficult to grasp. Meanwhile, the latest judicial interpretation of the relevant concepts and no further explanation, there is a big difficulty in guiding judicial practice. It can only be as defamation crimes related to network analysis, reduce misunderstanding of the provisions in the identification process, and protect the legitimate rights and interests of citizens.