Research On The Judicial Confirmation Of Network Defamation Crime

Based on the complexity and particularity of information network, the use of information network for defamation than traditional defamation on judicial cognizance harder to grasp. Although the two above 2013 issued "about to deal with the use of information network defamation crime criminal cases to explain some issues of applicable law, but law is not perfect because of its place, in the process of network defamation crime that still has many problems. The author has chosen some of the common crime object identifying, the infringement object, objective factor identifying and turn in a public prosecution conditions and so on four big aspects, carries on the analysis, comparison, demonstration, and put forward own views on each question.The author thinks that, in the process of network slander the cognizance of the crime, as well as associated with the traditional defamation, and with the difference, especially the information network should be fully considered the special factors and key factors. Specifically, the main body of the crime that, in addition to the network information publishers, information reprint and service provider in specific cases and criminal responsibility shall be borne by the relevant personnel. Violations of the object of the crime, in addition to the natural person, legal entity, public order and the dead shall also be network defamation crime object; In terms of objective elements of the crime cognizance, "fabricated" or "spread" behavior as long as have one; Fake distributor and tampering with the distributor can’t form a joint crime; That "if the circumstances are serious" cannot only consider click browse or forwarding number, also can not only consider whether slander any administrative punishment within two years; In libel that network information should distinguish fake network defamation information and freedom of speech, the difference between the network supervision by public opinion. In terms of turn in a public prosecution shall be a correct understanding of projects "explain" paragraph 2 of article 3 and paragraph(2) of article 5 of the difference in the meaning of, and shall be a correct understanding of projects in the "explanation", "public order" meaning; "Serious damage to social order" or "national interest" can not at the same time have two kinds of conditions.