Research On The Application Of Law In Network-type Defamation Crime

The cyber-defamation of the crime in recent years is defamatory in the nature of the spread of speech on the high-speed operation of the network,and the formation of new forms of libel.November 2009,China’s Shanxi Province,the first case of network defamation conducted a public hearing,the court that the defendant Han Xingchang instructed others to spread on the network damage to the victim Yang Haiming reputation of false statements,hit the facts of the banner of the victim company to contain And other acts constitute defamation.In the case of the trial,there have been three controversial issues,namely,network slander crime,jurisdiction disputes and prosecution,private prosecution distinction.It is very important to grasp the crime constitution of cyber-defamation crime and clarify the crime and the crime of crime.Compared with the general slander crime,cyber-defamation has a wide range of subjects,such as public order,the form of criminal acts,the more difficult to grasp the serious criteria and so on.The key to solving the problem is to understand the constitution of the defamation crime,and to clarify the standard of "seriousness" of defamation by improving the judicial interpretation and issuing the guiding case,etc.,according to the characteristics of the network defamation crime.The dispute over the jurisdiction of the case is mainly the choice of behavior and result.Network-type defamation crime often exists in criminal behavior and the results are inconsistent,the coexistence of multiple criminal situations.In determining the jurisdiction of the case,the jurisdiction should be based on the principle of territorial jurisdiction,in the jurisdiction of more than the case,the first case by the jurisdiction of the case,and may affect the case of fair trial cases,to explore the applicable jurisdiction.Defamation of criminal cases The distinction between public prosecution and private prosecution is the "serious harm to social order and national interests" stipulated in criminal law and judicial interpretation.At present,this standard is still not clear enough,in particular,need to slander the specificity of the network,the correct evaluation of network defamation on social order and the impact of national interests,to further refine the evaluation criteria.In addition,the addition of property punishment is conducive to the general prevention and special prevention purposes.