| Today’s society is an information society,and with the continuous development of the Internet,the use of the Internet to carry out illegal criminal activities is increasing.Internet Defamation with new features,is a traditional crime network alienation.In order to cope with the new situation under the increasingly rampant network of defamation crimes,the Supreme People’s Court and the Supreme People’s Procuratorate on September 6,2013 issued the "on criminal cases handled libel or other use of the information network implementation using several problems in the legal interpretation".This article intends to start from the analysis of the relevant provisions of the judicial interpretation,and reflect on the limits and standards of criminal law intervention in "network slander".This article is mainly from the following chapters:The first chapter is mainly an overview of cyber slander.As the beginning of this article,I sort out the concept of network defamation,indicating the characteristics of network slander.At the same time,I analyze the relationship between the legal protection of cyber slander and the freedom of speech of citizens,and explores the dynamic balance between protecting the legal rights infringed by defamation and protecting the freedom of citizens’ speech.The second chapter is about the elements of network defamation.First I introduced the provisions of the Criminal Law for the crime of defamation and the Judicial interpretation for the elements of the criteria identified.The next step is to analyze the progress of the Judicial interpretation and the problems that exist under its reasonable representation.The third chapter is the key chapter of this article,mainly pointing out the problems of the existing legal and judicial interpretation.First of all,the confusion of the real and the form,and divided into four cases to discuss,pointed out the problems in the identification of network defamation.The second is the chaos of independence and obedience,and that quantitative standards are unreasonable,from the legal and judicial practice level.The fourth chapter is the rethinking of the elements of network defamation.In view of the problems existing in the quantitative standard of Judicial interpretation mentioned above,it is pointed out that it is necessary to use reasonable standards to limit the scope of application of criminal law and realize the balance between defusing the network and defending the freedom of speech.We should follow the principle of legal infringement and the principle of proportion,and think about the standard of the elements of Internet defamation. |
