Study On Dilemma And Suggestions Of Information Network Defamation's Criminal Regulation

With the rapid development of social economy, the information network is becoming an important part of our daily live. However, modern high-tech information network technology is a double-edged sword. It brings convenience to the lives of ordinary people as well as produces a series of negative effects at the same time, and some new types of crime happened just because of the information network. While traditional libel encounter information network technology will produce a new network libel crime, and this type of crime with the wide application of network technology gradually spread to every corner of our lives. From the point of view of judicial practice in recent years, the incidence of network libel cases showing an increasing trend. How to regulate and combat network libel crime effectively has become the key point needed to be solved.This paper contains four chapters, and the first chapter introduces the necessity of a criminal defamation laws network system, with specific interpretation of the definition and the characters of information network defamation.The second chapter is specifically discussed the practice of judicial cases, and brings out the standard of criminal law regulation from respectively discussing the subjective and objective aspects of the crime elements. At the second part of the chapter, it mainly introduces the dilemma of the criminal regulation of information network defamation behavior.The third chapter mainly introduces the relevant information about the extraterritorial legislation of the criminal regulation of network defamation behavior.The fourth chapter of recommendations targeted at network specification defamation process needs to be improved on the basis of relevant experience and foreign plight proposed in Chapter ? and Chapter ?. At the legislative level, the paper proposed recommendations for criminal regulation Legislation libel body should be further defined and limited objects of clear, detailed incrimination and other conditions? In the judicial level, Papers presented at the judicial level conversion mechanism established private prosecution, the plaintiff and defendant both divide the burden of proof, explicitly recognized network service providers and other recommendations to improve its justice.Finally, in the concluding portion of the entire article gives a brief review.