With the popularity of the Internet and the media, the rapid development of information network has become a new platform for illegal and criminal, network defamation in governance has become a pressing social problems. To protect the legitimate rights and interests of citizens, legal persons and other organizations, maintaining social order, the supreme people’s court, the supreme people’s procuratorate jointly issued on September 9 in 2013 on the deal with the use of information network services such as libel criminal case explain some issues of applicable law, the explanation for the punishment of such crimes, provides a relatively clear judicial interpretation. Qin Huohuo network libel case is on the explanation of the country’s first network defamation and stir-up-trouble case. In view of this, this article to qin Huohuo network libel case as the breakthrough point, the constitutive requirements of crime and the explanation from libel about interpretation of motion and stir-up-trouble crime on the use of information network to deepen the cognizance of libel, creating disturbances and research of punishment. Aimed at the current legislative status quo of network defamation, provide reference on the law applicable to the judicial practice. |