On The Criminal Regulation Of Network Defamation

With the development of the Internet era,traditional defamation behaviors have undergone changes in fields,means of implementation and channels of communication.Faced with the unique characteristics of online defamation,such as professionalization of subject,complexity of evidence collection,diversification of carrier,hidden means and difficulty in removing harm,this paper starts from the concept and characteristics of online defamation behaviors,and then makes a comparative analysis of the historical evolution of online defamation behaviors.To find the desirable points of the regulation of the criminal law of the Internet defamation behavior at home and abroad,to the existing prominent problems of the regulation of the criminal law of the Internet defamation behavior,and to put forward suggestions on improving.This paper adopts scientific research methods such as historical comparison method,literature reading method and case analysis method.In this paper,starting from the connotation of network libel behavior in a narrow sense,in terms of the criminal law regulation of network libel behavior itself,it is determined that network libel crime is a special form of traditional libel crime in the new network environment,and its behavior satisfies the criminal elements of libel crime.The research content of this paper is limited to the libel crime constituted by network libel behavior,rather than other crimes.At the same time,through the reading of literature and the analysis of cases,we find out the criminal law regulation predicament of network defamation behavior: lack of criminal law regulation of the subject of the unit,"serious circumstances" identification standard is not clear,and private prosecutor obtaining evidence is difficult.In view of the predicament listed,the article makes criminal legislation perfect.As for the problem of lack of unit subject identification,the author suggests adding unit as the subject of network libel crime,so as to adapt to the professionalization of the subject of network libel behavior.As for the unclear criteria for the identification of "serious circumstances",the author believes that the criteria should be more detailed and comprehensive,referring to the relevant provisions of other countries,to define the level of "serious circumstances",not only considering the quantitative standard changes,but also paying attention to the qualitative impact brought by different ways of implementation.As for the difficulty of obtaining evidence by the private prosecutor,the author suggests that the private prosecutor should start the private prosecution procedure as the node to improve the evidence collection.In other words,the private prosecutor should be able to "tell" the public security organs and procuratorial organs involved in the case,in addition to the people’s court,for evidence collection before the individual starts the private prosecution procedure.After the initiation of the private prosecution procedure,the "can" in the provision of Article 246 of the Criminal Law that "if it is really difficult to provide evidence,the people’s court may ask the public security organ to provide assistance" was changed to "should",so as to give full play to the post responsibilities of the public security organ and assist the victim in collecting and fixing evidence by means of its own network supervision technology and coercive force.It also encourages the perpetrator of the crime to stop the online defamation,so as to protect the personality rights of the victim to the greatest extent,reduce the adverse impact of illegal and criminal activities and save judicial costs.