Qualitative Research On Defamation Of Others' Behavior By Using The Information Network

The crime of defamation is one of the common crimes in life.In the past,the defamation was carried out by the traditional media,such as television stations,newspapers and leaflets.Along with the continuous development of network technology,the use of information network to carry out slander is gradually emerging and has become the mainstream crime means instead of traditional media.The case of defamation with the aid of an information network is different from the previous cases of defamation with the aid of traditional media,and due to the concealment and convenience of the Internet,the former is more likely to cause serious results,lower crime costs,and people who carry out defamation are more likely to hide their true identity.At the same time,as the use of information networks in the implementation of defamation is increasing,its disputes in judicial practice gradually emerge.For example,the case of “post of Cao Xian” triggered the discussion of the difference between slander with the aid of network and exertion of reporting right,and how to reasonably allocate the burden of proof in the court trial of defamation,whether the deliberation of defamation includes indirect intent and so on.Because of the judiciary is controversial in handling these problems,this paper focus on analyzing the related problems to clarify the difference between implementation of the defamation and the exertion of reporting rights and the problem whether the deliberation of defamation includes indirect intention and other issues to make up for the loopholes in the law,cause the public to pay attention to the defamation and guide the public to make a positive speech that does not touch the bottom line of the law.Therefore,this paper makes the following analysis on the defamation of Ma.In addition to the introduction,the text is divided into four parts.The first part is the basic situation of the case,including the introduction of the case and the opinions of the private prosecutor,the defendant,the court and the focus of the dispute.The disputes in libel case of Ma include: the difference between the defamation with the aid of the network and the exercise of the reporting right;the identification of intention of defamation;the difference between the crime of libel and the crime of damaging commercial reputation and commodity reputation;the allocation of the burden of proof for libel.The second part is the legal analysis of the related issues.that is,the legal analysis of the focus of the four disputes involved in the libel case of Ma.Aiming at the boundary of defamation with the aid of network and the exercise of the right of reporting,the biggest difference between these two is whether contents are true or false.As far as the identification of intention of defamation,this paper takes the point that the intention of the defamation shall include the direct intention and indirect intention.As to the relationship between the crime of the defamation and the crime of damaging the commercial reputation and commodity reputation,this article mainly analyzes the constitutive requirements of the two crimes as the breakthrough point.On the distribution of the burden of proof in the crime of defamation,if the scattered content is negative,the party that advocates the existence of the scattered content is responsible for the authenticity of the facts.In Internet libel litigation,the defendant is the publisher of information of the defamation,usually a party advocating the existence of the content of the defamation.Therefore,the burden of proof is usually borne by the defendant on the authenticity of contents.If the defendant cannot provide tangible evidence to prove that the content of the spread is true,it is presumed that the content of its dissemination is false.The third part is the analysis of the libel case of Ma.In this case,first,the actions of the defendant Ma that accused the prosecutor Zhao and Liu took the advantage of the small animal protection association to cheat and annex the land and money of the state and the social people shall be defined as the exercise of the right of reporting.Second,as far as the subjective intention of the defendant Ma that accused the prosecutor Zhao and Liu took the advantage of the small animal protection association to cheat and annex the land and money of the state and the social people,he has no intention of the defamation.As to the subjective intention of the defendant Ma that accused the existence of the illegitimate relationship between prosecutor Zhao,Liu and Zhou,he has at least an indirect intention.Third,the part of actions of the defendant Ma shall constitute the crime of defamation.Fourth,the actions of the defendant Ma are not enough to constitute the crime of damaging the commercial reputation and commodity reputation.Fifth,the defendant must bear all the burden of proof on the authenticity of the content published on the network.The fourth part is the inspiration for the libel case of Ma.Through the analysis of the libel case of Ma,the following revelations are drawn.First,removing the private prosecution from the crime of defamation which is beneficial for victims of the defamation on providing proof.Second,to extend the unit into the object of libel,to expand the scope of the protection of the crime of libel,and to protect the right of the reputation of the unit from illegal libel.Third,to urge network managers to fulfill their obligations,and to provide a green network platform for the public through the supervision and promotion of the corresponding obligations of the network managers.