Research On Criminal Law Rules Of Online Defamation

In recent years,with the continuous development of information technolog y and the increasing popularity of the Internet,online defamation crimes repres ented by language violence and spiritual violence have been growing.Online d efamation is the deformation of traditional defamation in the network environm ent,which is a new type of online crime.Regulation network defamation crim e at present,our country rely mainly on "criminal law" article 246 about the r egulation of libel,in September 2013,the Supreme Court "about and deal with the use of information network implementation of libel criminal cases to expl ain some issues of applicable law,the" explanation "for judicial practice constit ute network defamation provided the certain basis.However,due to the comple xity of the actual crime,coupled with the above interpretation of the provision s there are still some imperfections,resulting in the practice of identifying,as well as handling such cases there are still some difficulties.Therefore,this pap er starts with the current law of online defamation,and elaborates on the defic iencies in its identification,provide guidance for practice,put forward Suggesti ons for improvement,and do our best to regulate the crime of online defamati on.The first part introduces the concept of online defamation and expounds th e current situation of online defamation from the perspective of criminal legisla tion and society.The second part,based on the standard of crime construction stipulated in the interpretation,analyzes the problems in the determination of t he crime of online libel from the aspects of object,objective,subject and subj ective.The third part elaborates the difficulties in the application of laws to re gulate online defamation.The fourth part,in view of the third part puts forwar d the regulation difficulty recommending network defamation,the perfection of criminal law regulating,mainly,further perfect the "serious" quantity standard,clear "explain" in "serious damage to the social order and national interest" d efined,finally in order to effectively prevent and severely punish Internet defamation crime,to protect others,reputation,create harmonious security network environment,advice in appropriate range,increase the libel criminal penalties f or the Internet.