Judging Criteria And Institutional Choice Of Internet Defamation Between Crime And None-crime

Internet defamation crime encounter in judicial practice and the solves to this issues.There are four parts:The first part of the paper starts with the theoretical analysis of internet defamation standard,which contains two parts.First,internet defamation none-crime standard,through action's judge standard,result's judge standard,essence malicious judge standard to analysis.Second,internet defamation crime standard,through fact truth standard,plot standard to analysis.The second part is mianly about the problem of internet defamation crime of the judicial practice,those have three difficulties.First,infringement action or crime action.Secondly,essence malicious or subject intent.Finally,damage fact or harmful consequence.In the third part,analysis extraterritorial internet defamation have two methods and research.In the first level,analysis extraterritorial internet defamation have two methods.In the second level,analysis and research the solution method.The fourth part concerns the criminal regulation countermeasures of the internet defamation.Firstly,restrict defamation as crime,use public figure principle,public advantages principle,honest opinion principle.Secondly,safeguard freedom of expression,use proportionality principle,individual cases advantages principle and essence malicious principle to protect freedom of expression.