Insufficient Internet Libel Criminal Regulation And Perfection

With the widespread popularity of the network, network of relationships with civil behavior, social behavior and acts of state are getting closer, wherein the network and defamation also forged a bond.First, citizens can fully exercise their right to freedom of expression through the network, but the networks give some people under the name of anti-corruption network defamation to create the conditions, if China's criminal law to effectively regulate the network must be considered defamation subjective whether for its public purposes related to the public interest may be real comment on the incident spread, so a careful balance issues related to freedom of expression, the right to supervise and human dignity and the right of reputation; secondly, because before some of the social life has created many significant and valuable deeds given its high degree of social evaluation and reputation, but now many online writers through the use of irony or exaggeration of the death of these historical figures to express their prejudices phenomenon is not uncommon, in order to protect the deceased's reputation and the stability and harmony of society, China's criminal law need not make a clear regulatory approach;and finally, the state through the "criminal Law amendment nine" criminal defamation in the network the private prosecutor to collect evidence for the prosecution in order to assist with the program blurs the line between private prosecution indictment, because of the public security organs the dual function of criminal law should be a private prosecutor, forensic really difficult cases into cases of public prosecution to deal with a clear mandate of public security organs unified.