Research Into Criminal Regulation Of Network Reputation Infringement

With the development of network in our country,The network is more and more obvious to enhance people's social life.Network is not only a platform for citizens to obtain and exchange information,Today network is also more involved in all aspects of life.But the Internet is like a double-edged sword,it gives us a lot of convenience while bringing a number of legal issues.Internet reputation infringement is the one of them.The right of reputation on the Internet is an extension of the right of reputation in the network environment,The so-called “Internet reputation infringement”,refers to the use of network technology,and the infringement of the reputation of other people,this crime is a new form of expression of traditional reputation crime under the network space.This article will be based on the actual case on the basis of the characteristics of the network reputation infringement,such as the concealment of Internet reputation infringement,Victim's virtuality,the uncertainty of the subject of crime andthe influence of Internet reputation infringement speech.At the same time,this paper studies the phenomenon of Internet reputation infringement in our country,It also introduces the four main forms of the Internet defamation crime.The corresponding stipulations have been made both in the Anglo-American legal system and the continental legalsystem.Thesame point lies in that the right of reputation is protected by the civil tort law and the criminal law.And both of them decide the different scopes of protection with the seriousness of behaviors.Whenthey investigate the corresponding responsibility,they usually set up the anti-actuallymatters.The differences are as followings.The legislators of the Anglo-American legal systemprotect right mainly by the civil compensation's way whereas its counterpart protects the right mainly by criminal sanctions supplemented by civil compensation.The protective way in Chinese criminal law is similar to stipulations of the Continental legal system,but the relevant provisions in Chinese criminal law are very general.For example,the definition of “In Serious Cases” isnot clear and no distinction between public figures and non-public figures and so on.In addition,there are also some problems in provisions of the subjective and the objective standards of criminal law.These legislative issues have limited the freedom of speech and all of these should be improved and perfected.This paper attempts to combine the literature and case studies with foreign experience,and analyzes the characteristics of the Internet defamation crime and the shortcomings of the current criminal law in our country,finally puts forward the corresponding solutions.