The Research On The Application Of Internet Crime Of Defamation

The problem of defamation is a new manifestation of traditional defamation in the network environment.It is a further expansion of the traditional defamation in the network environment.It is also because of its network characteristics,which makes the criminal law regulate the network libel Have produced some new problems.First,in terms of the constitution of the crime of defamation in the network: According to the provisions of Article 1 of the two high-release interpretations of the applicable law on criminal cases such as the use of the information network,whether the "other person" includes corporate organizations and the government organ? In the network environment on the fabricated behavior,distribution behavior and "serious" how to identify? And how to define the criminal responsibility of the criminal subject? Second,in judicial practice,the issue of private prosecution evidence,as well as the network defamation of criminal cases difficult to determine the issue of jurisdiction.Third,combined with the legislation outside the domain,the network supervision and the victims of the relief recommendations.This article mainly uses the comparative analysis method,the literature research method,the case analysis method and the historical analysis method,puts forward the specific suggestion to the above question,hops to provide the reference for the theoretical and the judicial staff.The text is divided into five chapters.In the first chapter,the author makes an overview of the defamation behavior of the network,discusses the concept of defamation and the particularity of the network defamation respectively,and uses it as the starting point of the whole text.Chapter 2:This chapter is the main body of this article,Mainly in the crime of condemnation of the network and the application of the penalty.Chapter 3: Explain the practical difficulties and problems in the practice of cyber slander in the judicial practice.Chapter 4: Explore the legislative experience of the representative countries Part of the network of libel and the application of the plight and problems,respectively,from the United Kingdom,the United States,Germany,South Korea and Japan and other legislation to draw useful experience;Chapter V: from the network supervision and victim relief in two aspects of the proposal.Through the above discussion,the author concludes that the conclusion is to clarify the responsibilities and obligations of the network service providers at the same time,to ensure thereal implementation of the network real name system and to give the private prosecutor the right to apply for evidence after filing the private prosecution.