Research On Judicial Relief Of Commercial Defamation In Internet Domain

Commercial defamation in Internet domain is the expansion and extension of traditional commercial defamation in Internet domain.Commercial defamation in Internet domain has the characteristics of more secret defamation means,obvious technical and interactive characteristics,low illegal cost and wider influence.It can be summarized and classified based on the two levels of behavior subject and implementation field.At present,there are urgent problems to be solved in the judicial relief of commercial defamation in Internet domain in terms of identification and compensation discretion.The main problems in the identification are that the identification of the subject of behavior is too narrow,the identification of the object of infringement is not comprehensive,the identification of objective behavior is limited and the identification of network electronic evidence is difficult;The above problems can be solved by expanding the scope of the main elements of the behavior,broadening the scope of the object of the behavior infringement,clarifying the identification standards of objective behavior and perfecting the electronic evidence system.In the aspect of compensation discretion,the main problems are that it is difficult to determine the amount of compensation,the conservative orientation of discretionary application of legal compensation,the low amount of compensation awarded by judicial discretion,and the contradiction between the rapid spread of damage and the lag of judicial relief is more acute;In view of the above problems,we can respond from four aspects:standardizing the application of legal compensation system,implementing punitive compensation system,reasonably distributing the burden of proof and strengthening the application of litigation act preservation system.