Study On Criminal Regulation Of Internet Defamation

In recent years, with the continuous improvement of China’s democracy and the rule of law, as well as the rapid development of the cyberspace, the cyberspace has become the important channel for Chinese citizens to vent their feelings. However, verbal abuse affects the order of cyberspace and has become a serious defamation. At present, China’s libel regulation mainly in the "Criminal Law of the People’s Republic of China". However, the Internet defamation has the particularity, resulting in unmatched by ordinary defamation. For example spread fast, wide scope of influence, harmful consequences and other characteristics. Internet defamation is rampant, so that criminal law is faced with enormous challenges. Ordinary defamation charges has been unable to fully adapt libel in cyberspace. In response to the phenomenon of libel in cyberspace, China has successively promulgated the relevant laws and regulations govern the Internet defamation.At present, the Internet defamation criminal regulation is mainly divided into three levels: First, the Criminal Law and the Criminal Law Amendment. The Criminal Law provides for criminal defamation Elements, 2015 of the Criminal Law Amendment specifically regulated the issue of Internet defamation forensics; Second, judicial interpretation. "The judicial interpretation about implementing defamation and other crimes via-network issued " by Supreme People’s Court, Supreme People’s Procuratorate devoted to the provisions of the Criminal Law counts of fuzzy words in detail definition; Third, other ancillary criminal law. In view of the Internet defamation provisions of the Penal code do apply principles. Overall, China’s Criminal Law and judicial interpretations, subsidiary criminal law on the Internet defamation criminal regulation have been comprehensive, but criminal regulation system still has many problems, mainly to break the principle of legality, to suppress freedom of speech, forensics difficult problem has not yet been solve and so on. The above-mentioned problems, likely to cause Internet defamation is not accurate governance, combat scope.Therefore, we need research network libel criminal regulation, combined with the characteristics of Internet defamation and current criminal regulation is insufficient, propose countermeasures, determined our Internet regulation should adhere to the principle of legality, to protect the basic principles of freedom of speech position. And on specific issues, propose appropriate measures to improve our Internet defamation criminal regulations.