The Problem Of Criminal Law Regulation Of Network Defamation

In recent years,online defamation has broken through the traditional defamation mode of communication and behavior,and has repeatedly exceeded people’s expectations and the parties’ ability to bear.If we keep indulging it,and the perpetrators keep going unpunished,then everyone could end up a bigger victim.This paper will study the criminal law regulation of online defamation through five chapters:Chapter 1 introduction mainly introduces the status quo of online defamation acts under the current background and the status of research at home and abroad.Generally speaking,our country has no special defamation laws or Internet defamation laws at present.In a narrow sense,defamation refers to the crime of general insult and defamation as prescribed in 246 Article of the Criminal Law of the People’s Republic of China(hereinafter referred to as Criminal Law).In 2013,the Supreme People’s Court and the Supreme People’s Procuratorate(hereinafter referred to as the "Two High levels")adopted the "Interpretation on Several issues concerning the Application of Law to Criminal Cases such as Defamation through Information Network"(hereinafter referred to as the "Interpretation"),which gave a relatively specific explanation on online defamation behaviors,but there are still quite a lot of disputes;In the construction of libel legal system in western countries,the emphasis is on how to find a balance between protecting the right of reputation and respecting citizens’ freedom of expression.The second chapter introduces some basic problems of online defamation,mainly defining the definition of online defamation,the distinction between defamation and freedom of speech,and the characteristics of online defamation different from traditional defamation.In addition,the author focuses on the analysis of 64 criminal cases and 54 civil cases involving online defamation in recent years,which can visually see the cause of each case,the parties,the carrier of the release of defamatory remarks,and the results of the judgment.Chapter three is the key chapter of this paper,carries on research on the status quo and problems of criminal law regulation on network defamation activities in our country,mainly aims at the disputes and deficiencies in the "Interpretation",including the "knowingly spread" dispute in the setting of the behavior type,special subject and subjective determination problem,and the setting of "serious" too dependent on quantity standard,lack of escalation.And the current victim litigation dilemma.Chapter four summarizes the experience of extraterritorial governance,such as the principle of "actual malice" applied in the United States,the principle of truthfulness defense and good faith defense applied in the libel laws of France and Germany,Germany and other countries have made clear the strict media censorship obligations,the responsibilities of Internet service providers,and South Korea has expanded the scope of attack on online libel.It is of certain reference significance to perfect the criminal regulation of network defamation.The fifth chapter mainly aims at the problems mentioned in the third chapter and the excellent experience of extraterritorial governance in the fourth chapter.On the basis of the existing Interpretation,it puts forward suggestions for improvement,which mainly includes adding the entity subject,clarifying the special subject responsibility,improving the "measuring standard of serious circumstances" and the prosecution system.It adopts the criminal law to strictly regulate,strengthen the governance at the source,and safeguard the rights and interests of citizens.Create a clean cyberspace.