Study On The Judicial Application Of Internet Defamation

In today's world,information networks have become an indispensable tool and play a crucial role in human society.This paper combines the information network with the traditional defamation,and discusses how to effectively regulate the new defamation committed by the actor through the information network on the basis of the traditional defamation.This paper is mainly divided into the following six parts.The first part is the introduction.This part is mainly elaborated from four aspects: background selection,research significance,literature review and research methods.It helps to grasp the network crimes as a whole.The second part is an overview of the Internet defamation.This part begins with the traditional defamation and then defines the Internet defamation,which leads to the characteristics that the Internet defamation spreads quickly,the scope of influence is wide,the harm is difficult to eliminate,and the actor is difficult to identify.Then it elaborates the constituent elements of this crime.The subject analyzes three types of subjects that are unique to this crime.In the subjective aspect,it analyzes in detail whether the indirect intention can constitute the Internet defamation.When discussing the object of crime,it also analyzes the criminal target of the Internet defamation.In terms of objective aspects,also elaborated on keywords such as fabrication,spreading,and serious plot.The third part is the dilemma of the Internet defamation in the application of justice.This part mainly expounds the dilemma in judicial practice from two aspects of substantive and procedural issues.The substantive aspects include crime and non-crime,this crime and that crime,accomplished and not accomplished,joint crime and the number of crimes;the procedural issues include conflicts between private prosecution and public prosecution,collection of evidence and disputes over jurisdiction.The fourth part is the judicial practice of dealing with defamation crimes abroad.This part mainly analyzes the judicial practice of defamation in the United States,Britain,Germany and France,and aims to provide a theoretical reference for exploring the regulatory mechanism suitable for China's national conditions.The fifth part is the perfect proposal for the Internet defamation.This part mainly proposes perfect suggestions for the Internet defamation from the legislative and judicial aspects.Among them,the proposal from the legislative aspect includes two parts,namely,improving the real-name registration system of the information network and improving the liability system of the network service provider;the proposal from the judicial aspect includes three parts,namely,the clarification of the jurisdiction of the Internet defamation,the private prosecutor's right to investigate and collect evidence and the application of the proviso of Article 13 of the Criminal Law.The sixth part is the conclusion.