Criminal Regulation On Internet Defamation

With the popularization and prevalence of the Internet, It is convenient for people to express their views. However, it brings a series of problems because of the network characteristics, such as openness, sharing, etc. Some people use the Internet to defame and damage the reputation of the others, and even to affect social order or national interests. Therefore, it is necessary to conduct criminal regulation on Internet defamation.Firstly, this paper starts with the definition of the Internet defamation by clarifying the concept, analyzing the similarities and differences between Internet defamation and traditional defamation and describing the classification of the types and forms to introduce the Internet defamation in criminal context briefly.Secondly, this paper analyzes the current situation of the criminal regulation on Internet defamation to clarify the meaning of the criminal regulation and the legislative mode whether it is necessary to establish a new accusation. In order to explain the current situation of the criminal regulation on Internet defamation, it identifies the subject and the object of the crime, subjective intention, the behavior, the serious circumstances and the way of litigation based on the above analysis for a detailed introduction.Thirdly, this paper illustrates the realistic difficulty in the Internet defamation regulated by criminal law. There is the balance between freedom of expression and order maintenance, also the distinction between the tort and the crime. On the one hand, pay attention to protect the freedom of expression; on the other hand, disruptive behavior should be severely punished. Internet defamation affects the social order, beyond the boundary of freedom of expression. Whether it constitutes civil tort or criminal offence depends on the specific circumstance. Usually, the Internet defamation which constitutes a tort and can be regulated by civil law should not be regulated by criminal law. After all, Criminal law is the last line of defense. Only those serious cases with serious social harm should be punished with criminal penalty, which are included in the crime circle and regulated by criminal law. Meanwhile, the particularity of Internet defamation, not only leads to the differences which are different from the regulation on traditional defamation when the Internet defamation is regulated, but also brings some new thinking to the judicial practice. Then, the unit subject, incrimination standard, as well as the distinction between public prosecution and private prosecution and some questions caused by the article 246 in the new Criminal Law, such as operating standards and conditions, are involved in this paper.Finally, focusing on the above difficulties and problems, this paper learns and studies the practice of two law systems abroad. According to the problems previously proposed, it makes the corresponding perfect proposal on the basis of learning extraterritorial experience. By classifying the unit into the subject of the defamation, insisting on the consistency of subjectivity and objectivity, distinguishing rationally between public prosecution and private prosecution, clearing the standards, and improving the judicial interpretation, it is possible to clearly clarify the existing problems, properly deal with the Internet defamation and improve the criminal regulation on Internet defamation. What is more, it is necessary not only to crack down on Internet defamation, but also to fully protect freedom of expression for the promotion of democracy and the development of harmonious society.