Analysis On "A Case Of Libel On The Internet" From The Perspective Of The Criminal Law

Along with the network emerging and rapid development, at the same time of human society information exchange happened a qualitative leap, as network space of virtual sex and anonymity, while using networks to implement such traditional crime is also common occurance libel, not only seriously violated the victim's personality reputation, also prejudicing the healthy development of the network environment. Purification network environment, advocate civilized Internet has become the common voice of global Internet users. Therefore, the network crime prevention and control of libel etc become the urgent affairs, in addition to improving the quality and surfers strengthen scientific and technological means such measures as outside, from the law to regulate and correct guidance is important. In view of the network defamation, whether to start whether motivations to the prosecution procedure having some problems, also has caused the theory and practice for the enough attention, lifted the waves discuss frenzy.This paper, starting from a network libel case from the perspective of punishment law analysis, full text is divided into five parts: The first part of which is the subject of the libel case of Fan, You and Wu. The second part is introduced a case that Fan, You and Wu for Yan, a mysterious death and fabricated hype facts, scattered in overseas network, forming a raging storm, after being network opinion procuratorial organs sued to the court. The third part is the central issue of summarizes the case, namely, three whether the defendant has fabricated behavior, whether shall be deemed as a criminal offence in case of public prosecution, whether should punish etc. The fourth part is aimed at the focus of the case, and in-depth analysis, such as sin form "intent" the recognition of "serious circumstance" that seriously endanger public order, "the national interests and the definition of the term, the network problems, such as the particularity of libel case of dispute focus to provide sufficient theoretical basis. The fifth part is research conclusion, first identity court with libel punish three defendants, but negative start prosecution procedure shall be investigated for his criminal responsibility, then put forward to regulation network libel analysed some proposals.Although it is a common criminal case, it has caused profound and lasting influence on society, which is thought-provoking. I hope that through this case analysis of hopefully, in this case the legislative and judicial practice, some reference to reduce judicial embarrassed. Also hope to set all social forces, jointly maintain network environment of elysium, create web space harmonious society.