Analysis On The Crime Of Defamation Implementation By Internet

The use of information network defamation crime, has become in the process of information network development problem that nots allow to ignore, if not effective regulation network defamation crime problem, is not conducive to the protection of citizens’ reputation right, also not conducive to the healthy development of the network environment. Compared with the traditional defamation crime, the particularity of libel attachment information network space, with traditional defamation crime does not have the characteristics. But a crime is in the real world implementation or implementation in the virtual space, will not change the nature of the illegal crime, also won’t reduce the legal responsibility. Network defamation, shall, in the traditional defamation crime within a system, the four elements of the crime constitution analysis network slander libel elements, combined with the projects specified in the judicial interpretation of behavior, on the objective behavior cognizance of libel said using a single behavior. To determined the quantitative standards is also adopted in the circumstances are serious based on the characteristics of network space and defamation, is legitimate. For a turn in the judicial practice of private prosecution standard fuzzy problems, should increase the clarity of the law, at the same time improve to solve the problem of the investigation and the jurisdiction of the private prosecutor and more effective guarantee citizens’ reputation. On the protection of public figures reputation, should draw lessons from foreign "public figure principle" combined with the principle of "actual damages", in order to discriminate with the ordinary citizens. Law gives us freedom of speech and supervision rights, is used for establishing and perfecting the legal system society better, shall not be infringed the rights of a reputation, exercise of the rights should also not infringing upon legal rights as the bottom line.In the study of the network defamation course, this paper defines the crime network libel, slander and clear network compared to traditional defamation has the particularity, and distinguish them typed. Combined with traditional libel offenses constituted from the four elements analysis network elements constitute libel defamation, in order to focus on statute to analyze the objective elements of behavior and serious cases identified, and different actors in the classification of the main elements. In practice, the defamation case investigation and evidence collection network is one of the most difficult victim, although the "Criminal Law Amendment(ix)" established to assist the public security organs, but still there is a problem in the operation. Due to the special nature of the information network in determining criminal defamation network standards can be a network server, computer terminal equipment subject to the jurisdiction to determine and ensure stability. Code analysis of foreign experience in network defamation discussed refer to the "principle of public figures," in practice, combined with the "actual prejudice" to deal with matters of public figures network libel cases. Legal Considerations on by two high judicial interpretation, involving a network libel and defamation balance freedom of expression, while protecting the right of citizens to freedom of expression reputation should also be limited on the network.