Reflections On Some Issues Of Judicial Interpretation Of Internet Defamation

Network defamation crime is a new form of crime,which is implemented by internet.Compared with the traditional defamation,the network defamation has the characteristics of anonymity,fast spread,wide influence and so on.This is the use of information networks to implement the act of defamation in the judicial determination greatly improved.Although our country in September 5,2013 promulgated the"judicial interpretation of the network defamation",but because of its provisions are still imperfect,there are still many problems in the process of the identification of the network defamation crime.The author selected some common subject of crime,subjective aspect of crime identification identification against object identification,identification,objective elements of private prosecution prosecution conditions identified five aspects of the problem,combined with "on the problems of judicial interpretation of Internet defamation in the analysis,comparison,demonstration,and put forward their own views for each problem.This paper is divided into six chapters,the first chapter is the introduction part of this paper.In this part,on 2013 issued "on the Internet defamation judicial interpretation" of the content discussed;main body,behind the five chapter of the network defamation crime,subjective and objective aspects of the object,and the public prosecution and private prosecution definition the relevant laws and regulations,academic disputes were introduced.And in the last part of each chapter,I express my views and thoughts.