Research On The Criminal Law Regulation Of Network Defamation

The rapid development of the network makes people's lives have undergone enormous changes,from online chat to online shopping and then the "Internet +" to bring the upgrading of traditional industries,a series of activities can only be completed now Online to achieve,it can be said that the network has greatly facilitated people's lives.However,anything is a two-sided,like a double-edged sword of the two edges,there is a convenient side of life,it must have harmed the side of society.The negative side is the crime with the development of the Internet has entered a new form of development,network defamation is an example of proof.Growing media technology and diversified channels of expression make cyber slanders more rampant when defamatory.In recent years,the network slander crime frequently,how to attack the network slander has become an urgent problem to be solved.This paper will start from the concept and characteristics of network slander behavior,sort out the current situation and regulation of domestic network slander,and find out the prominent problems in the regulation of network defamation,and finally put forward the corresponding regulatory measures.This article is divided into four chapters:The first chapter is the concept and characteristics of network defamation.Network defamation refers to the fabricated through the Internet,spread false facts,damage the reputation of others,the plot of serious behavior.The essence of cyber slander is the alienation of libel in the Internet environment.Apart from possessing the common features of libelous slander,it also has its own unique characteristics,such as spreading fast,wide range,complex and diverse,low cost,Harm is difficult to eliminate,the victim relief difficulties.The second chapter is the development and regulation of network defamation.First of all,the development of domestic network defamation to explain the status quo,followed by the domestic regulatory network defamation of the relevant provisions of the card.China's network of defamation of the regulatory system is more fragmented,scattered in the various levels of legal provisions and judicial interpretation,not the formation of a unified system,the Constitution,civil law,administrative law,criminal law are on the network defamation regulation of specific provisions.In the criminal legal regulation,the main provisions in the criminal law and criminal law amendments,judicial interpretation,the provisions of the subject from the crime,subjective,object,objective,evidence of different angles on the network of defamatory acts of criminal law regulation.Criminal law and criminal law amendments,judicial interpretation,although to a certain extent,to respond to the network defamation behavior regulation of new issues,such as the criminal law on the behavior of the provisions of too general,the plot standard operability is poor,the victim evidence difficult problem.But still can be found from some problems can not be properly resolved,such as judicial interpretation of the provisions of the article is not accurate,the number of standards unreasonable,public prosecution of the convergence mechanism and other issues.The third chapter is the outstanding problem in the regulation of network defamation.This part analyzes the outstanding problems in the case of network defamation,and it is not clear from the law.The lack of unit crime in defamation leads to the lack of regulation,the irrationality of the quantity standard in "serious circumstances" Public prosecution of the dilemma of the dilemma of these issues to discuss the existence of the problem,in order to solve the problem for the later to identify the "cause."The fourth chapter is the countermeasures to regulate the network slander.This part corresponds to the questions raised in Chapter 3,and puts forward some suggestions on how to solve the problem.To clarify the criminal responsibility of the network service provider,to increase the unit crime,to optimize the "seriousness" in the quantitative standards,a reasonable understanding of "tell only to deal with" the meaning of targeted regulatory measures to solve the problem of network defamation regulatory problems To curb high-profile network defamation cases.