The Cognizance Of The Crime Of Internet Defamation

With the popularization of the Internet and the rapid development of the self-media,the information network has become a new platform for illegal crimes,and the crime of libel on the network is increasingly rampant,and has aroused widespread concern.It has the characteristics of fast communication,strong concealment of the subject identity,and the harm is difficult to eliminate.Moreover,the social harm of the crime of network libel is far greater than that of the traditional libel.Although the crime of libel on the Internet belongs to one kind of libel,there are still significant differences between them in the subject of the act and the way of the act,so it is necessary to accurately identify the criminal act of libel on the network.Moreover,because of the complexity and particularity of information network,it is more difficult to grasp the libel by using information network than by traditional defamation.September 2013,The Supreme people's Court and the Supreme people's Procuratorate jointly issued an explanation on some issues applicable to criminal cases such as libel through the use of information networks,which provides a basis for the determination of online libel in judicial practice.However,due to the complexity of crime in reality and the imperfections of the interpretation,it is difficult to deal with the crime of internet libel in judicial practice.Judicial cognizance of the crime of network libel is the premise of punishing it and the key to deal with the case of network libel.It is beneficial to punish the crime of libel on the net.This article starts from the legal and judicial interpretation of our country to identify the crime of libel on the network,and to expound the deficiency in the cognizance,in order to seek more reasonable identification standard,to provide the guidance for the practice.This paper is divided into three parts,as follows:The first part is an overview of the crime of network libel,mainly analyzes the characteristics and types of the crime of libel,which provides guidance for us to understand this kind of behavior;The second part is the cognizance of the crime of Internet libel.By the way of case analysis and the judicial explanation of 2013,the paper makes a concrete analysis of the constitutive elements of the crime of online libel,the standard of private prosecution and public prosecution;The third part is the deficiency in the identification of the crime of Internet libel,such as the problem of the quantification standard in the serious circumstances,the unclear responsibility of the network public relations company and so on;The fourth part is the perfection of the crime of libel on the network,aiming at the problems raised in the third part,the author puts forward some perfect suggestions in order to provide an effective legal basis for the identification of this kind of behavior in judicial practice.