Network Defamation Evaluation Research Of Criminal Law

The title of this paper is network defamation evaluation research of criminal law.Nowadays,network defamation is hot issue of research at home and abroad.The Supreme People’s Procuratorate and The Supreme People’s Court pass<about to deal with the use of information network implementation of libel and other criminal cases to explain some issues of applicable law>(hereinafter referred to as:<Defamatory information interpretation>).When<Defamatory information interpretation> is passed,it aroused a lot controversy. With the increasing of the network defamation cases,I think it becomes more and more important to perfect the relevant legislation and judicial interpretation.We know that the libel has been around since ancient times,but this behavior of network defamation is accompanied by the development of the computer and the internet technology and increasingly relaxed freedom of network speech.Network defamation implements through the network, and the network has an important feature of the network transmission.Network transmission has some characteristics,such as the content of open,the more quantitative information,network transmission two-way interactive,and so on.These characteristics make network defamation are different from the traditional defamation.These characteristics make network defamation differ from traditional defamation patterns in behaviors and harmful consequences.In this context,I wrote this paper.The content structure of this paper is divided into the following three parts:the first part,in-dept study of the characteristics and harm of network defamation,under the premise of clearing the characteristics and harm of the network defamation,summary and analysis of the difference between the network defamation and the traditional defamation; the second part,introduction and analysis of extraterritorial legislation content and practice,respective introduction of the Anglo-American law system countries’ and the Continental law system countries’ detailed content of legislation,analysis of the Anglo-American law system and the Continental law system countries’legislative characteristics,and summing up the legal practices in the countries of Anglo-American law system and the continental law system which is worth referencing for our country legislation and judicature;the third part,in-depth analysis insufficient of our country’s legislation and judicial interpretation an putting forward a perfect suggestion,such as whether network defamation crime subject should include the unit,whether is reasonable that click,traffic and forwarding number as the standard of "serious",and the problems such as whether to need to build libel liability to stop,I want to clear the problem of the network defamation constitute libel from this three aspects,and provide reference for our country’s legislation and judicial practice through the extraterritorial legislative practice.