Study On The Criminal Regulation Of Internet Defamation

With the rapid development of information technology, the Internet as the main information networks are increasingly popular, not only promoted the development of society, to facilitate people's work, study and life. At the same time, some criminals information network as a platform for a new offense, to implement defamation and other criminal activities, violating the legitimate rights and interests of citizens, and even undermine the public order, endanger the daily management of state and government. In order to strengthen the network management, the state has issued a series of laws and regulations, such as "the decision on safeguarding Internet security", "Internet Information Services", etc., to promote information network has played a positive role in healthy development. Defamation, a fabricating facts damage the reputation of others behavior, since ancient times there. When extended to libel in cyberspace, along with the development and expansion of the Internet, not only undermine human dignity of others, and indirectly undermine the exchange and sharing of information between people and even cause serious social consequences. Although the traditional criminal law already makes provision for criminal defamation, libel but for network crime, lack of targeted, clear and specific provisions, and therefore difficult to apply the law in the presence of judicial practice. September 9,2013, the Supreme People's Procuratorate issued "on the handling of information networks and other forms of slander case applicable to a number of issues of interpretation." Wherein the first two provisions would apply libel extended to cyberspace to clearly identified criteria libel, protection of reputation of citizens, causing hot Internet users and academia, the research is based on this paper.The network increasingly popular today, large numbers of network defamation laws in force makes it difficult to effectively regulate the behavior so that citizens' basic rights are not guaranteed, even seriously affect the social order. Research Network defamation and legal regulations in particular criminal regulation has important value and practical significance of the times. In theory, be able to punish them provide theoretical support and the promotion of cybercrime legislation and healthy development, expand the scope of the existing criminal law theory, enrich the theoretical system of criminal law; in practice, can provide legitimate to regulate the legal basis of the behavior of the network while guaranteeing the network subject to freedom of expression, it can also be effective against a variety of network libel offenses, safeguard the legitimate rights and interests of citizens. Raise awareness of new forms of defamation, libel network giving a recognized standard, their effective regulation, to provide reliable and effective legal basis and theoretical basis for judicial practice, is the purpose of this article.In the existing literature review, summary, based on in-depth article will carefully study the traditional laws of libel and "two high" judicial interpretation on the network libel, according to "ask questions", "analysis of the problem", "problem solving" the general idea, construct the framework of research networks defamation. In the method, including legal interpretation, comparative research, normative analysis method. At the same time, the use of Chinese and foreign, old and new comparison method, the researchers theory and judicial practice, combined with current events, multi-angle, multi-channel network seeking to effectively regulate defamation.This paper is divided into these parts:First, an overview of network libel, from harm, analyzes of network libel legal regulation is necessary to explore the meaning of network libel, defamation characteristics different from the traditional, as well as subject, object, subjective aspect and objective aspects of the four constitutive elements of crime; the second is the Current Situation analysis of domestic and international network defamatory to common law and civil law as a starting point, drawing on relevant legislation, experience of foreign countries, and pointed out that China's criminal law, judicial interpretation and the relevant legislation and practice status of other legal documents; the third is our current network defamation criminal regulation on the problems discussed, including theoretical research and popularization level, the legislative level, the judicial level, the law enforcement level and other levels, in particular the "two high" issued on the network defamation of judicial interpretation of the provisions of ambiguity; Fourth, the network defamation criminal Regulation on the problems put forward a sound decision-making, seeks to regulate the network defamation provide some ideas, in judicial practice effectively combat defamation of others, but also to coordinate the protection of freedom of speech, to create a healthy and orderly network environment remarks.