Criminal Regulations On Network Defamation

With the growing popularity of the netw ork, the num ber of Internet users is increasing, the network has becom e an important part of modern work and life. With the continuous developm ent of i nformation technology, the network has cover people’s daily lives through m obile phones, computers and other equipm ent. We can say that now everyone’ s basic necessities of life is closely linked with the network. But as the philosopher said, every coin has two sides. People enjoy the convenience brought by the Internet, but it is easy to i gnore the security risks behind the benefits. The speed and concealm ent of the network provides a new space for crim inals, and the number of network defa mation case is increasing. Network defamation is one of the network criminal which occurs most f requently in recent years. Compared with the traditional defamation, network defam ation is h idden, uncontrollable and it spreads fast. At the same time, because the network is open and interactive, network defamation often causes m ore serious dam ages than traditional defam ation. Thus, compared to the traditional defamation, network defamation should be punished more strictly.China’s criminal law f or criminal defamation regulations m ainly provisions Article 246 libel, bu t faced with netw ork defamation which presen ts many new features, this provision has b een unable to effectively solve the new p roblems in the network defamation case. Thus in the j udicial practice, there have been m any controversial cases. In Septem ber 2013, Suprem e People’s Court and Supreme People’s Procuratorate released “T he Judicial Interpretation About Implem enting Defamation And Other Crimes Via Network Issued By The Suprem e People’s Court And The Suprem e People’s Procuratorate Of The PRC”(hereinaft er “the Judicial Interpretation”).The interpretation clearly defines the standard of network defamation and public prosecution, m akes up for the lega l gaps. However, the interpretation has some imperfections in som e respects so th at it c an’t resolve all problems in the network defamation cases. Therefore, it is time to im prove the ope rability of the interpretation and other relevant system which is beneficial to theory and practice.This paper focuses on “crim inal regulations on network defa mation” and conducts in-depth discussion com bined with the interpretation in four chapters. Chapter one is an overview of the network def amation, introduced the concept and features of network def amation, analyzed its harm and the necessity of its criminal regulation. But there is no need for the establishment of separate accusation.Chapter two gives a standard of netw ork defamation crime identified by the criminal object, ob jective aspect, subject, subjective aspect, and discusses some controversial issues. In te rms of object, network defam ation is the sam e with traditional libel. In terms of objective aspect, the specific provisions of "fabricate and spread" "falsify and sp read" and "spread consciously" is reasonab le. In term s of subject, information publishers, disseminators and network service m anagers should bear the primary responsibility. In terms of subjective aspect, indirect intent can be the subjective aspect of network defamation.Chapter three analyzes the d ifficulties of regulations on network defamation. First we discuss the n umber standard of "serious cases" is reasonable, and affirm the provision has both realistic basis and theoretical support. Secondly, the chapter describes the difficulty of identifying network defamation cases which against the government. Finally, the chapter analyzes the plight of network defam ation cases during criminal proceedings, including the ill-defined limit of private and public prosecution, the difficulty of determining the crime location and the victim’s burden of proof.Chapter four com es up with som e suggestions aiming to im prove the crim inal regulations on network defa mation. Based on the study of foreign legislations, the chapter differentiates the approach of dealing with the network defam ation case aiming to the governm ent and the of ficer, clears the standard of private and public prosecution, determines the territorial ju risdiction, improves the proof distribution system.