| In recent years,along with the popularity of the Internet,cyberspace has become an indispensable part of people's life with rapid spreading speed and broad coverage of information.However,apart from those conveniences,some criminal acts have also been bred,bringing new challenges to China's traditional legal system.Although combat of cyber libel have taken place in many places,it's still controversial in freedom of speech,right of reputation,private and public prosecution.Article 16 of“Amendment(IX)to the Criminal Law”,which was formally promulgated in 2015,has made amendment of Article 246 of the Criminal Law: a third paragraph was added: “As for acts in the frist paragraph performed through the information network,the victim can submit complaint to the people's court.If it is difficult to provide evidences,the people's court may request public security organizations to provide assistance.With the rapid development of the Internet,cybercrime has been an explosive trend in recent years,and it has also become a global social concern.For the problem of libel in the network,many countries have actively conducted explorations.Countries adopting the continental law system such as Germany and South Korea choose severe criminal law prevention and control mode;while countries adopting Anglo-American law system such as the United States take a relatively loose measures.Although the Amendment(IX)can help to further punish cyber libel in some extent,an cyber libel is easy to be concealed and spread,it is difficult to achieveefficient and practical operation according to one provision in the Amendment(IX).Therefore,in the judicial practice,how to quickly and effectively combat cyber libel in the protection of citizens' freedom of speech and right of private and reputation has become a problem for our criminal law system.We should draw lessons from and absorb the successful experience of other countries,and gradually improve the criminal law system on our country's cyber libel. |
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