On The Criminal Law Regulation Of The Network Libel Behavior

With the development of science and technology, it makes people enjoy a convenient life and, at the same time, people’s private lives have the risk of being exposed to public view gradually. From recently judicial practices, network libel cases became one of the most active cases in criminal chart. In September 2013, the Supreme People’s court and the Supreme People’s Procuratorate published “on the handling of criminal cases of slander and other information networks applicable to a number of issues of interpretation” and it provided a legal basis to solve the problems of the network libel behavior. But this provisions have its own shortcomings, resulting there is the difference result in the distinction of crime subject and the result of treatment when the local courts at all levels deal with network libel cases. How to properly and reasonably solve the issue of network libel behavior becomes the focus content of the public security organs and judicial organs.In this paper, it attempts to ask problems, analyze problems, problem-solving approach, will try from the following aspects to discussing the network libel behavior: Firstly, the overview of the network libel behavior. These part starts form introducing the definition and characteristics of the network libel behavior in order to having a general understanding and analyze the necessity to put the network libel behavior into the criminal law. Secondly, this part is mainly to analyze the basic situation about the regulation of the network libel behavior the criminal law in our country and besides, analyze problems existing in the current judicial practice to treat the network libel behavior, mainly from the following four areas: “behavior subject”,“behavior object”,“the identification criteria”, “the litigation mode”. Thirdly, from different perspectives, put forward some suggestions on how to regulate the behavior of network libel. Through the above analysis and research, the research mainly makes people have a more clear understanding about the network libel behavior. It can obtain a reasonable balance between “protecting human rights” and “freedom of speech”, in order to achieve effective protection of the purpose of reputation and the function of “the punishment of crime and protection of human rights” for the criminal law.