Criminal Regulation On Network Defamation Behavior

Network defamation crime is a new problem produced by the rapid development of the Internet. Though it belongs to the type of defamation crime, it presents some characteristics different from traditional defamation crime for its carrying a virtual network platform. In terms of traditional defamation crime, it also has more serious social harmfulness at a result of network defamation crime. Therefore it is necessary to distinguish the criminal law regulation between the network defamation and the traditional defamation.For network defamation crime shows new characteristics, in September 2013, the Supreme People’s Court, the Supreme People’s Procuratorate jointly issued "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 the" explanation "). Although the " explanation " provides more detailed standard for specific application of network libel, it has some deficiencies in regulating network defamation at a result of its improper legislation and regulation is not strong enough, embody in two aspects of network defamation conviction and sentencing.Considering the present criminal law has some deficiencies in the regulation network defamation, the author thinks that it is necessary to perfect the current legislation of libel. In order to realize the correct guidance of network defamation judicial practice, the author proposed conviction and sentencing standards for network defamation through combining with the characteristics of network libel. And this kind of abstract standards must be presented with specific provision between the law and judicial interpretation. So the author thinks that the specific method of criminal law regulation of network defamation is to modify the provisions of the criminal law about network libel. It specificly includes the following two aspects:first, add up provisions about network libel in article two hundred and forty-six of Criminal Law; Second, modify "explanation", and improve the specific application for network libel.