Identification Of Slander Under The Network Environment

In recent years,"network slander"&"cell phone slander"cases happens continuously, relevant parties involved in which have to encounter trans-provincial chase, trial and even be sentenced to a punishment. As a result, internet users can't express their dissatisfaction online for government illegal behavior, can't post optionally through network to express their idea of participating politics. In democracy, rule of law consciousness increasingly pervasive sociality, those things are extremely abnormal. After all, in the information society, the network has become one of the important channels for government and citizens to communicate effectively, an important window for the government to understand public sentiment and people's livelihood, and also a new way for people to supervise government and to exercise their democratic rights.Citizens'post online in cyberspace is actually exercising their constitutional fundamental rights, including the constitutional right to freedom of opinion, criticism and to supervise. However, the parties have always been charged with"alleged slander " by local judicial organs and filed for investigation. The reason is that the speeches citizens released through the Internet are proper or not, and that whether judicial organs correctly understand the criminal law article 246. This essay tries to analyze the case, to obtain the case study conclusion, hoping to provide some rationalization suggestion for the judicial practice of processing these cases and citizens to exercise their democratic rights in the future.This paper is divided into six parts, summarizes its revelation to us through analysis on Mr. Wu libeling government case, the paper discusses as follows.The first part: to introduce the case's courts.Part 2: To introduce the basic facts.Part 3: To summarize the central issue in the case.Part four: Three proposed disagreement about the case.Part 5: This is the core part, and is divided into three bars.Each section is based on the analysis of the differences on the basis of arguments. In the first section, the author expounds the concept of free speech under the network environment and citizens in exercising freedom of speech should abide by the principle of honesty and fairness, damage minimization principle and "critical principle", and make it clear that Mr.Wu is exercising his legitimate rights rather than slander. The second section introduces the concept of social order and puts forward that the scope of social morality factors and value factors in cultural tradition should be taken into account in defining the serious harm the social order and national interests, and points out that Mr.Wu's behavior does not harm the social order. In the third section, the author analyzes constitutive requirements and standards of offense of slander under traditional circumstance, denies the government enjoys the reputation and makes a conclusion that Mr.Wu does not constitute slander.Part 6: On the basis of successive argument, the author proposes in the future judicial practice to deal with this type of case should be noted:the changes in constituents content of slander under the network environment, the crime spot, the solution to jurisdiction conflict, the compulsory measures application, and try for different jurisdiction and trial in the judicial practice in the future, then points out the problems that should be cautioned against when citizens exercise the rights of criticisms and suggestions, and to supervise.