On The Criminal Law System Of Network Defamation

With the integration of information network and real society,cyberspace has become an important place to affect people's lives.Network defamation is a kind of defamation crime accompanied by information network.Different from traditional defamation,it has the characteristics of low crime cost,wide influence range,poor controllability and so on.Because the social supervision function of information network is obviously enhanced,the distinction between network defamation and network comment,as well as network defamation and provocations is helpful not only to clarify the scope of network defamation,but also to grasp the boundary between crime and non-crime.In view of the particularity of cyber defamation,there is a separation between the fabricator and the distributor of defamatory information,and the perpetrator,knowing that false facts are still spreading,deliberately puts the reputation of others in danger and allows the expansion of the harmful consequences,The act is not blameless.It is due to the spread of malicious spenders,resulting in a gradual expansion of the harm and even out of control.The restrictive provisions of natural person crime have not taken into account the realistic characteristics of network defamation,and it is of practical significance to bring legal person into the subject of crime.The setting of defamation plot is not scientific and can not guide the practice operation in time.Therefore,dividing the defamation plot into a step-by-step pattern and highlighting the individualization of the network defamation plot is helpful to solve the problems existing in practice.In addition,the conditions of private prosecution stipulated by judicial interpretation are harsh,and the applicable conditions of public prosecution have the risk of private use of legal instruments.Therefore,perfecting the prosecution path is conducive to maintaining the effective applicability of the relevant provisions on defamation.Cyberspace is not extra-legal space,the virtual nature of cyberspace can not be exempted from responsibility.Although the status of information network in social life is increasing and the supervision of network is increasing,none of this can cover up the illegality of network defamation.Network defamation belongs to the crime of libel.Perfecting the criminal regulation of network defamation is beneficial to crack down on network derangement,balance the friction between cyberspace and real life,and promote the harmony and unity between them.