The Confirmation Of Defamation Crime Which Related To The Network

The appearance of network expands the convenience of getting and expressing information. However, it gives easy ways to crime. Committing defamation crime online engender more damage to the social than the old ways because of the open environment and rapid transmission of the Internet. What’s more, along with the popularization of the Internet people begin to criticize and supervise governments in the way of network which bring contradiction between the right to free expression of mass and the reputation of the officials. The officials charged the critics which posting online in the crime of defamation taking advantage of power, rather than taking up criticism in a forgiving way because they believed the criticism injured their reputation. Their behaviors hit the right of freedom of speech. The purpose of the paper is to confirm the scope of network defamation and to maintain the freedom expression online.Chapter one gives a brief introduction of network defamation. It happened many cases which to slander others online and damage others seriously because the Internet was a open and anonymous world and it was convenient for speech expression. The network defamation is different from crime of defamation in the old days because it is more complicated, serious, and frequent.Chapter two discusses that the network defamation infringes the right of reputation. As the way of network defamation is expression, we should protect this action when we campaign against crime. It should have more consideration when the network defamation infringes the right of reputation of particular persons.Chapter three discusses that the crime responsibility of three kinds of subjects who commit defamation crime online. The sponsors and the producers of misinformation are identified as principal, and the distributors as accomplice.Chapter four discusses that the subjective element of network defamation is actual intent rather than indirect intent because offenders pursue the harmful consequence in an active manner.Chapter five is about the identification of criminality of network defamation and the standard of the element of circumstances of aggravation. The words about affairs is handled as defamation because it is not true completely. We should distinguish them clearly. When we consider whether it meet the element of circumstances of aggravation, it should be prudent. There are six elements related to the harmful consequences of reputation. The consideration of this standard should be prudent because the features of network such as virtuality and the shortage of attention. In additional, the principle of modesty of crime law is essential.Chapter six is about that we should protect the freedom of expression when we campaign against the crime of defamation. We should learn the experience of other countries like America, England, Germany, Japan and the district of Taiwan. Considering the opinions of domestic scholars, our legislature should set the causes of justification.The peroration part is the summary and emphasis of the thesis.