Research On The Judicial Standards Of Criminalization Of Cyber-defamation

In 2013,the interpretation of several issues concerning the application of law in criminal cases such as the use of information networks to implement defamation(the "Interpretation"),The interpretation provides the basis for the judicial practice to convict the network defamation,but the controversy about the interpretation is great,the actual crime in the judicial practice is multi-complex,the interpretation itself still has some defects,resulting in the judicial practice in the identification of network defamation still exist in the case of crime and non-crime unclear.First of all,this paper defines the behavior of network defamation,and combs the legal provisions of the standard of criminalization of network libel,which provides the legal basis for the study of this paper.Secondly,from the point of view of the case of network defamation in judicial practice,this paper analyzes the problems existing in the standard of judicial cognizance of network libel:first,the problem of "knowing and spreading ",the ambiguity of knowing ",the judicial practice has always shelved the "knowing and spreading" as the sole word;second,the distinction of the object of libel is unreasonable,the judicial practice is different to the case of the ordinary public and government officials as the object of libel,often the case of defamation of government officials as public prosecution,giving too high protection to government officials;Third,the determination of "serious circumstances" relies too much on the quantitative standard,the interpretation of "serious circumstances" to refine,but in judicial practice,the quantitative standard is regarded as the most important criterion for the determination of "serious circumstances ",and there is no analysis of valid data when determining the quantitative standard;fourth,the determination of serious harm to social order and national interests "is not clear,the application of this standard in judicial practice mainly focuses on the case of government officials as the object of defamation,there is excessive protection of government officials;fifth,the judicial practice of the content of defamation is vague,the degree of fiction applicable standards are different.Based on the above problems,this article attempts to improve the identification of "knowledge and spread",limit the protection of the reputation of public personnel and government officials,use quantitative standards as an auxiliary means,and strictly determine that "seriously endangering social order and national interests" will be true has been perfected as the standard for identifying defamation information,so that judicial practice can better regulate online defamation and realize the unity of protecting citizens’ reputation rights and freedom of speech.