Research On Criminal Regulation Of Internet Libel

Network libel has the characteristics of fast transmission,serious consequences and difficult to eliminate.Once the light person destroys the reputation and the heavy person causes death.Therefore,it is necessary to carry out criminal regulations on network libel.On September 6,2013,the Supreme People’s Court,the Supreme People’s Procuratorate jointly issued "about the use of information network defamation criminal cases of applicable law"(hereinafter referred to as "interpretation"),including the behavior of network defamation,if the circumstances are serious standards made detailed provisions,make up the blank of the relevant law.However,there are still many problems in judicial practice that are difficult to solve,a large number of online defamation incidents have not been effectively managed,and the social harm caused by online defamation is far beyond expectations,so it is necessary to improve the criminal law system further.By improving the relevant judicial interpretation,strengthening the improvement of law enforcement methods and other measures to control the network defamation behavior,to create a good legal atmosphere for the healthy development of the network environment.This paper combines the relevant provisions of network defamation in the Criminal Law and the Interpretation,expounds the concept and characteristics of network defamation,analyzes the network defamation and its similar behaviors,and interprets the specific content of the regulation of network defamation from the perspective of existing policies,laws and regulations.At the same time,taking the perspective of judgment documents and trial procedures as the starting point,115 online defamation cases are analyzed,and by listing typical cases,the problems of online defamation in the goal and the principle of criminal regulation,as well as the deficiencies in improving the rapid and effective accountability mechanism.Through the analysis of the current situation of the regulation and the problems existing in the regulation,Due to the imperfect reputation protection standards in the network environment,it is difficult to protect the rights and interests of the special victims,Make the public figures,the dead and other special groups encounter slander difficult to protect their rights;Judicial organs fail to accurately identify online defamation acts in accordance with relevant provisions;The lack of specific liability differentiation of network defamation participants leads to the fluke mentality of information disseminators and network service providers in the practice process,Indirectly intentionally or negligent damages the right of reputation of others and causes other serious consequences;Because of the emergence of new forms of network defamation,the regulations regulating traditional defamation are not suitable,It is difficult for the victim to provide evidence,and the vague public prosecution conditions of the judicial organs make it impossible to effectively attack the network defamation.on these grounds,Should strengthen the network reputation protection of the special groups while purifying the network environment,In particular,to strengthen the network reputation protection of public figures and the dead;The criminal criteria should be accurately applied,Clarify the mode of conduct of online defamation crimes,and flexibly apply the standard of "serious circumstances",Provide a basis for the accurate identification of network defamation behavior;Distinguish between the responsibilities of the relevant subjects,To punish malicious information disseminators,According to the service content provided to judge whether the network service provider should bear criminal responsibility;Improve the fast and effective accountability mechanism,Define the procedures for the public security organs to intervene in the investigation procedure,improve the investigation and evidence collection mechanism of private prosecutors,and establish a clear and reasonable procedure for linking the transfer of private prosecution from public prosecution to public prosecution.