Study On The Criminal Regulation Of Internet Defamation In China

With the development of information technology,network space has gradually become an important place for people to express their intention and exchange information,which brings convenience and raises many new social problems.For example,some unlawful persons use cyberspace to implement defamation,which not only disturb the order of the network but also influence others normal life.In addition,some of defamation has violated the criminal law to protect the legal interests,and caused serious consequences.Therefore,using criminal law regulation on Internet defamation is our primary concern.Our criminal law about defamation law mainly reflected in the criminal law and criminal law amendment,and in 2013 promulgation and implementation of the supreme people's court of the supreme people's procuratorate on libel and other criminal cases dealt with the use of information network to explain some issues of applicable law(hereinafter referred to Internet defamation interpretation),which has realistic significance to solve a batch of problems encountered in the judicial practice.While the law is always lag behind and realistic society is developing and changing,the criminal law of Internet defamation regulation still has many problems from the judicial practice in recent years.Combined with the traditional defamation analysis,this paper summarizes the concept of the network defamation and its characteristics,such as high transmission speed,wide range,and low cost,which shows the rationality of this criminal phenomenon by using traditional criminal judicial interpretation solution to the network space spread.Next,combining Internet defamation interpretation and the constitutive requirements of crime,we mainly discusses some controversial issues in the criminal law field,such as the criminal responsibility of the network defamation information disperser and the hold of indirect intentional behavior person whether accord with standard of crimes.Last but not least,on the basis of legislative experience and judicial experience in two major legal systems,this paper puts forward some suggestions on criminal law regulation of network defamation in China.