Research On The Objective Aspects Of Network Defamation

In recent years,some social phenomena have aroused people's attention,some people published inappropriate remarks on the network which led to be imprisoned.There is a increasing number of people realize that the original network is not really virtual,it is inextricably linked with the reality,the person who slandering others malignancy must be responsible for their own actions.And there is a growing attention on the topic of network slander.To combat this type of crime,the first problem should be solved is the elements of defamation.This paper is divided into three parts to explore the objective aspects of the constitution of the crime of defamation,which based on the theory of crime constitution in our country.The first part is the identification about the way of committing the crime.At first,The paper given a definition about the "fabricated" and "scattered" as well as the argument and analysis about the singular and pluralistic behavior of the two.The practice of "network fabrication" and "spreading" is a single action rather than a plural behavior with the emphasis on the spread or not.Secondly,it's about the form of inaction about network defamation,the network service providers should be responsible for their inaction under certain conditions.Finally,it' s about the objection of behavior.The reputation of government officials should be restricted in some extent,and the reputation of the deceased should be protected.The second part is about the blatant and false.The blatant is an essential element based on the openness of the network environment,and the blatantly is just use the way that can be known by uncertain people or the majority.The fact that network defamation is fabricated must be false facts,and authenticity can be a defense that does not constitute a crime.The third part is about the result of jeopardize and the seriousness of affirmation.Attention should be paid to distinguishing direct hazard and indirect hazard results to avoid confusion and abuse.on the network slander to click volume,forwarding as a "serious" criteria for the judge did not conduct an objective guilty,there is no improper expansion of the scope of punishment,but in practice should pay attention to the unified control of the interval.As the case of defamation are happened frequently in recent years,and the future situation may become more complex,so the study of network defamation can strengthen the legal predictability to response the changing network era.