Research On Judicial Determination Of Cyber Defamation Crime

Because of the unique characteristics of the network,the crime of network defamation is more difficult to grasp than the typical crime of defamation.The three typical problems in "Tan Bin insult and libel case" and "MAO Chunhua libel case" are the identification of the special infringement object of network defamation,the identification of "serious circumstances" and the identification of the conditions for transferring private prosecution to public prosecution.To solve these three problems,we should correctly handle the identification of the special object of defamation according to the particularity of the network,make it clear that the deceased can be taken as the object of the online defamation crime,and appropriately reduce the protection of the right of reputation of public officials.Correctly understand and apply the quantitative standard of "serious case" of online defamation,and improve the quantitative standard.Clarify the rationality of the criminal prosecution of network defamation,specify the conditions for transferring private prosecution to public prosecution,and prevent the abuse of public power.Reasonable regulation of online defamation also needs to clarify and balance the relationship between online defamation and citizens' free exercise of speech.