| With the rapid development of the computer and telecom network technology,Internet has been involved widely in our daily lives.On one hand,it can be sure that information networks can help our citizens to better perform our rights of expression and consensus supervision,but on the other hand,more and more lawbreakers commit crimes including libel with the network platform.Therefore,this paper aims to explore the judicial determination of libel under network environment,reviewing the main characteristics of subjects in libel,the libelous actions towards public figures and also some disputable matters like how to affirm the crime of slander others through pure fabrication.Based on the review,this paper tries to put forward some new views on libel so as to prompt better understanding and affirmation of libel.This paper includes four chapters.Chapter one clarifies the main characteristics of subjects who perform libelous actions and their subjective elements on network environment:"water army",a product of networks,is the performing subjects of libel with its particularity,however,not all the "water armies",but the assigners who give out libelous tasks,leaders of water armies and those serious members should bear criminal liability;with respect to the affirmation of subjective elements,the mainstream view regards the actual intent as the only judgment standard.However,in consideration of some features of network environment,strong anonymity,wide spread scope just for instance,some doers will also cause damaged reputation to others by fabricating false information with certain purposes.Thus,the protection of people’s reputation cannot be guaranteed if the indirect intent is excluded from the affirmation of libel.This paper believes that the subjective elements affirmation of libel under network environment should involve both actual intent and indirect intent.Chapter two discusses the executive actions of libel.Professor Gao agrees with a theory called Complex Behavior which holds that fabricating false information and slandering others includes two processes—"fabricating" and "spreading".However,some other scholars like professor Zhang,are in favor of Single Behavior Theory which declares that the key to affirm a libelous action lies in the process of "spreading" and this is what this paper agrees with.In chapter three,the objects of libelous actions are discussed.As the local public security institutions always confuse the limitation between "freedom of speech55 and "defamation" when people specially public figures are criticized,this paper put forward that the protection of public figures should be lower properly,then people’s rights to criticism and suggestion and freedom of speech can be better guaranteed.Chapter four explores the properties of no libelous trial to without complaint and the understanding of "serious harm to the public order and to the interests of the state".To be specific,"no trial to without complaint" cannot be easily translated as " submitting to the People’s Court" and it is actually a demanding request for the sufferers to find the source of the false information under network environment,in consequence,"complaint" here should also include complaints to public security organizations and procuratorates.What’s more,"serious harm to the public order and to the interests of the state" cannot be equal to "harm to individual interests of local leaders" and it actually refers to those damages caused by defamation that bring about mass incidents and harm to the state.The information in this paper is mainly from the Internet,maybe lacking some specific details and to some extent,the discussions are limited to the theoretical level.It is truth that a deeper understanding of judicial determination of libel under network environment will be achieved if a whole and specific processing procedure of a case can be witnessed. |
