Discuss Network Libel

In recent years, with the rapid development of information technology, various criminalactivities which use information networks have increased, especially the criminalphenomenon which uses the Internet and other information networks to slander is particularlyprominent: From Shandong "Caoxian libel case" to Henan Lingbao "WangShuai libel case",from Inner Mongolia Erdos "network posting libel" to Shanxi Province’s first network libel,Internet defamation has been recurring in the country, Internet defamation has increasinglybecome a common network phenomenon, especially the rise of "online water army" and"Network big V" makes the Internet defamation tend to be professionalism, concealment andexpansion, seriously undermined the network health and social morality. Judicial practice hasbegun to be concerned with it and take some positive and effective measures. In September,2013, the Supreme People’s Court and the Supreme People’s Procuratorate issued "on the useof information networks to handle the implementation of defamation and other criminal cases,the interpretation of the Application of Laws," it clarified the three controversies which applyto Internet defamation. It should be said,"interpretation" of the publishment played an activerole in protecting the legitimate rights and interests of the masses, unifying judicial standards,standardizing judicial acts, but there is still a series of urgent improvements.Internet defamation as a special, sophisticated cybercrime phenomenon, it has nosignificant differences in forms, legal nature and crime constitutions between the real world ofdefamation, but in the current theoretical research and judicial practice, on the one hand thereare many argues to "decriminalization" or "anti-decriminalization","abstain from acts" or"disorder acts", Private Prosecution or Public Prosecution, on the other hand there are theconfusion of identification on the main responsibility for Internet defamation, whether thejudicial authority actively get involved in Internet defamation, and how to identify serious harm to public order and national interest, etc. A series of problems need to be solved. Againstthis background, the author base on fully viewing current nature of the crime about Internetdefamation, through a comparative study of extraterritorial disposal mode, trying to build thelegal system to preventing and controlling Internet defamation.This paper adopted document research, comparative analysis, expert interviews and otherresearch methods, by the logical way of finding problems, analyzing problems and solvingproblems. Respectively, from a legal principle of defamation, legislative authority andproblems of Internet defamation, and theory, legislation, judicial perfection of Internetdefamation, studied and investigated the network environment of libel. This paper is dividedinto four major parts of the body, in which each chapter is divided into sections were analyzedfrom different angles, in order to be rigorous.