Analysis Of Network Defamation From The Perspective Of Criminal Law

The rapid development and popularity of the Internet has brought people great convenience,but also provides more convenient channels to information diffusion.In essence,network defamation is a distortion of traditional defamation in cyberspace.Network defamation is a wrongdoing in order to defame others and to damage the reputation of others through the modern network.In recent years,the increasing network defamation not only affects others' legitimate rights and interests,but also has been a challenge to the current judicial practice.The main basis for the use of criminal means to govern network defamation is the legal interpretation of network defamation by the Supreme Court and the Supreme People 's Procuratorate and the Article 246 of the Criminal Law.However,because of the ambiguity of the regulations,We are still faced with multiple confusion in judicial practice.This dissertation will expand the argument from four aspects.The first aspect is based on the objective constitutive elements of network defamation.In the constitution of network defamation crime,The act of spreading defamatory information is perpetrating act,which can bring great harm to society.Therefore,when the actor only spread the false information and then bring damage to others,he should be sentenced to libel.The information must be directed against natural persons and should be a statement of facts.In addition,the perpetrating act must result in serious consequences,which means the circumstances can be constitute a crime.In fact,The establishment of special acts may prevent the illegal.The second aspect mainly discusses the criminal internet of Internet defamation.Due to the particularity of the network,the criminal internet of Internet defamation not only contains direct intent,but also contains indirect intent.The third aspect mainly analyses the subject of network defamation crime.Unlike traditional defamation,the subject of network defamation crime presents diversity,which mainly includes the people who disseminate the false news,the internet service providers,the communicators and online water army.It's necessary to analyze their guilt in order to better regulate their behavior.The last aspect mainly discusses the way of criminal prosecution related to network defamation.In the criminal law in our county,Defamation is a crime that should only be handed when the victim files a complaint.While our Criminal Law provides the standard that the public power initiative to intervene the defamation case,which claim that the circumstances in the case should be consistent the serious harmfulness to social order and national interests.However,there are shortcomings in these standard.Therefore,When prosecuting network defamation,The investigators should respect the wishes of the victims.In a word,Network defamation is a difficult puzzle in the current cyberspace legal governance.In order to better regulate the network defamation and put forward my own views,this article will conduct a comprehensive analysis of the network defamation from the perspective of criminal law.