Research On The Criminal Law Of Internet Defamation

The rapid development of network brings more opportunities and challenges.In the face of such opportunities and challenges,we should pay attention to the construction of laws and regulations.With the rapid development of the information network,the defamation behavior in the network environment gradually breeds.The introduction of "two-level explanation" has effectively improved the conviction of defamation in the information network environment,but there are still many problems that are difficult to solve.In order to better maintain the network environment and combat online defamation crimes,it is necessary for us to conduct in-depth research on it and find ways to improve it.This article has been clear about the network defamation refers to the concept of using Internet and other modern means of dissemination of information,fabricating and spreading false facts,the behavior of the damage the reputation of others,summarized network slander influence big,difficult to eliminate,hide and crime cost low characteristic,to our country current criminal legislation and judicial interpretation and so on has carried on the exploration,explores the development of the network environment,people's mentality change and lack of regulation and reasons caused the network of libel.This paper analyzes the main problems existing in the regulation of criminal law of online defamation in China.It is mainly based on"two-level explanation",including the insufficiency of the main body,such as the difficulty in defining the legal responsibility of online defamation information disseniinators,the difficulty in regulating the fact that the main body is younger,and the unclear determination of the criminal responsibility of the network operation managers of platforms containing defamation information.The limitation of accountability for the def-amed special objects such as public figures and the deceased is not clear;Subjective malicious form unclear problem;Objective problems such as "500 retweets","serious harm to the interests of the state and social order"and other serious problems such as questionable standard identification,"fabrication and dissemination," and unclear definition;Whether the Internet defamation is suitable for the independent charge into the sentence and so on.Borrowed from outside network defamation legislation present situation and the judicial practice,such as Britain,the United States and Canada in the Anglo-American law system countries,plea for network defamation form the aspects of content,the civil law countries of Germany,Japan for the plot of "serious",security measures in the criminal law legislation content,Romania and China's Hong Kong and Taiwan for subjective malicious form and the content of the special object of infringement problems.Some Suggestions are put forward to perfect the regulation of criminal law of online defamation in China.It mainly includes increasing the news media as the subject of unit crime.strengthening the supervision of guardians on the education of minors,and increasing the supervision responsibility of network platform operators.Reduce the liability of online defamation where the victim is a "public figure" and clarify the identification criteria for online defamation of the deceased;The introduction of dehydration data as the evaluation standard of"serious plot",the definition of the situation that the network environment can be attributed to the public environment and the network order can be attributed to the scope of "public social order",and the definition of the specific form of "fabrication and dissemination";"Network defamation" independent charge into the penalty and other countermeasures.