The Study Of Criminal Disposal To Internet Defamation

Internet defamation crime is a new kind of harmful act of society that base on virtual network platform.Based on the existing traditional defamation criminal law,the legislature made the relevant criminal amendment,heroic martyrs protection law and judicial interpretation,which made the judicial process and specific application of internet defamation crime are perfect,but there are still many shortcomings.The author through the methods of literature analysis,case study,comparison,analysis of forms,characteristics and hazards of internet defamation different from traditional defamation,points out that the current criminal legislation of internet defamation has the problem of the crime constitutions not comprehensive,which includes:lack of network behavior public order object,the behavior lack of legitimacy and ways,lack of object,the "serious violators" quantity standard is unreasonable,missing unit subject,subjective content is not complete,and the problem of the unreasonable legal configuration includes:lack of fine punishment,sentences are too short.In order to correctly guide judicial practice,protect the legal interests of victims,and improve the current criminal legislation of the internet,the author believes that it is necessary to prefect our country's criminal law of internet defamation.Based on the difference which are the criminal constitution and the applicable statutory punishment between internet defamation crime and traditional defamation crime,this article propose a creative idea to add a new crime of internet defamation,which includes the design of provisions,criminal constitution,legal penalty,case characterization,and chapter classification.