Study On Criminal Regulation Of Internet Defamation

With the popularity of network applications,especially the rapid development of various forms of network we media and the daily application,network rumors,network slander and other adverse phenomena emerge in endlessly.According to statistics,from 2012 to 2020,the number of criminal cases with internet defamation as the cause of action in China is on the rise.Some Internet defamation cases such as "Wang Mingjian defamation case","Internet public relations company defamation case" and "Guo Degang defamation case" have aroused widespread concern and controversy in the society,and the social harm of Internet defamation is becoming more and more serious.It mainly includes publishing defamatory information through his own social network platform,spreading defamatory information through comments,replies and messages,and spreading defamatory information through real-time bullet screen or short message The letter spreads defamatory information and so on.Although Internet defamation can be regulated by means of civil and administrative sanctions,it is necessary to bring it into the scope of criminal law regulation because of the serious social harmfulness of Internet defamation.Although the interpretation of the Supreme People’s court and the Supreme People’s Procuratorate on the application of law in handling criminal cases such as defamation through information network(hereinafter referred to as the interpretation)has played a certain effect,there are still some problems,such as the identification standard of"serious circumstances" needs to be further clarified,the lack of unit crime subject,the lack of indirect intention in the subjective aspect of crime,In view of the above problems,it is suggested to further clarify the identification standard of Internet defamation,increase the subject of unit crime,attach conditions to increase indirect intention as the subjective form of crime,and supplement the criminal law evaluation of defamation for specific groups.