Theory Of Criminal Law Regulation Of The Network Defamation

Using the Internet on the behavior of a new type of performance is the infringement of citizens' reputation,traditional libel in acknowledgment and regulation has the new characteristics of network defamation appears when "puff",mainly reflected in four aspects,one is the practice of traditional defamation act said that is fabricated and spreading behavior,it spread slander for malicious use of the network information is hard to get effective regulation;Secondly,the network space for defamation also brought the diversity of main body,the network service provider will take indulge harm behavior and use the platform to the implementation of crimina l responsibility of crime;Three is a serious criminal behavior should be to punish sex view,rather than reach a certain degree is the punishment is necessary to factor;Four is the network as a independent of real world "the 2nd space" is their own independent crime quantity criterion;Five is information network defamation judicial interpretation about creating disturbances,causing serious disorder in public places such as involved in field,the concept of network space shall be included in scope to the public.This paper consists of six parts introduction and text.The introduction by generating buzz hongdaode said he v C hen a cut into the analysis of network defamation: the second part through an introduction to the definition and characteristics of network defamation,clear of the essence and characteristics of network defamation;The third part is mainly to libel elaboration and explanation of criminal law,crime constitution aspect of the clear network defamation crime constitution.The fourth part d iscusses the background of fast sowing case platform responsibility;The fifth part probes into the network defamation explain after disputes,mainly related to explain to browse,click into sin and forward quantity standards and whether network space belo ngs to the category of "field" concept of the criminal law.Part 6 through the above discussion,the paper puts forward some legislative and judicial Suggestions to perfect the network defamation,in an effort to stop the network of defamation can also ens ure our freedom of speech and build a good network environment.