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Research On The Crime Of Defamation In Network

Posted on:2018-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiuFull Text:PDF
GTID:2346330536985296Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the Internet,network defamation caused a high degree of concern.Compared with the traditional defamation,the network defamation has the characteristics of rapid spreading speed,low transmission cost,strong concealment and harmfulness.In order to combat the network slander,the relevant judicial interpretation has been introduced,the network defamation criteria clearly defined,effectively deter the network defamation of the main body of the crime,but on the other hand,the network defamation standards still exist some controversy,judicial practice There are some difficulties.This paper explores the judicial interpretation from the traditional defamation standards against the plight of the network society,interprets the judicial interpretation,combines the case samples and finds that the judicial practice mainly refers to the "quantitative criteria" as the basis of the trial,and the other crimes are in vain;The rationality of the crime standard,the legitimacy and the practical operation of the dilemma of the analysis,and ultimately put forward should be through the administrative penalty procedures pre-set,the group defamation crackdown,different object distinction protection,quantitative indicators to consider these four aspects of the network defamation into a comprehensive consideration,With a view to the network slander into the crime to further improve the provision of ideas.
Keywords/Search Tags:Network defamation, Crime standard, Criminal Regulation, Judicial interpretation
PDF Full Text Request
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