The Identification Of Internet Defamation Objective Elements

Due to the popularity of the network,more and more people are participating in the network.Due to the various characteristics of the network,people's freedom of speech has been greatly released.On the one hand,due to the faster dissemination of information in the Internet age,the scope of influence is wider,which greatly increases the occurrence of network embarrassing incidents,and is likely to be suspected of criminal offences,causing great damage to the reputation of the victim.On the other hand,people's speech on the Internet seems to be free speech,but it may be suspected of defaming crimes.Therefore,there is still much controversy about the rationality of the network's criminalization standards.The Supreme People's Court and the Supreme People's Procuratorate issued the"Interpretation of Several Issues Concerning the Application of Laws in Criminal Cases of Network Cases" through standardized research and case analysis methods(hereinafter referred to as "interpretation")in 2014 to In the year of 2017,the network defamation crime case was analyzed,focusing on the objective elements of the conviction with the most controversial focus,namely,trying to refine and think about the definition of defamatory content,defamatory behavior and harmful results,and defining the objective elements of the crime of cybercrime as follows:First,the definition of the content of the Internet:the statements made by the actor on the Internet must be false facts.Moreover,in order to avoid the magnified interpretation of false facts,the false facts referred to in the crimes of the Internet must have the unfounded nature and the false nature of the source.And exaggerated opinion speech cannot be considered as defamatory.Second,the definition of network behavior:firstly,the behavior is not necessary to be open-minded;secondly,the single behavior can also constitute a crime of defamation,but must meet the standard of "bad plot";finally,the behavior of the network must be specific Natural persons,for a group or corporate legal person,should not be considered as defamation,and special standards should be set for special groups.Third,the definition of the result of the hazard:firstly,the victim's reputation damage should be taken as the main criterion for identifying the crime of the network,and the quantitative index should not be used as the separate conviction standard for determining the "serious situation";secondly,the calculation of the quantitative standard must be improved.Scientific and reasonable,invalid and repeated clicks produced by victims,website administrators,network water forces,etc.should be excluded;finally,for organized shackles,shackles in special periods,etc.should also belong to the "plot serious".