A Study On The Identification Of Network Defamation Crimes

When the Internet became the public opinion field,the traditional embarrassing behavior relied on the network platform,which not only spread faster,spread more widely,but also caused worse consequences,and even overstepped the rule bottom line of criminal law.In order to effectively crack down on Internet crimes,standardize the behavior of network subjects,and safeguard the personal rights and interests of citizens,this article combines the two interpretations of the "Implementation of the Application of Laws in the Application of Information Network to Criminal Cases"(hereinafter referred to as "Explanation")The relevant provisions of the Criminal Law Amendment(IX)aim to strictly stipulate the standards of sin,improve the theory of procedural law,and through the constitutional interpretation of the relationship between reputation protection and freedom of speech involved in the crime of defamation.This paper starts with the analysis of the current situation of crimes in the network,focuses on the generalization of the problem of network defects in China under the background of informationization,and proposes the criminal law response and problems and shortcomings of the network crime.On this basis,combined with the latest provisions of the Interpretation,from the perspective of the normative structure of the crime of network defamation,the existing controversial issues of the network are discussed in depth,and the connotation of the elements of crime is reasonably defined: the "behavior elements" The identification of "distribution" is the focus of its methods,the false facts are the content of its actions,and the openness refers specifically to the majority of the objects of distribution;the identification of "criminal objects",the reputation of public officials and the deceased are separately restricted and expanded,As well as the citizen’s right of reputation,it is not allowed to give up;for the determination of “serious circumstances”,regarding the controversial quantitative criteria of “forward 500 times”,the author cites objective punishment conditions to explain its rationality,while the interpretation of “hazard” The provisions of the consequences should be considered as "sentencing circumstances";the distinction between the "responsible subjects" involved and the indirect intention of "subjective intentions".At the same time,the crimes of defamation are identified as the boundaries between the three crimes that are easily confused in practice.Finally,it puts emphasis on the boundaries and methods of the network stipulation system in China: clarifying the boundaries between freedom of speech and reputation under the constitutional norms;although the legislative trend in the world is to abolish the crime of defamation,it is not appropriate for China to completely eliminate it.Power should not be easily involved in the Internet.On the basis of the exemption from the extraterritorial state legislation on the crime of defamation,the author proposed to add a disclaimer in Article 246 of the Criminal Law of the People’s Republic of China(hereinafter referred to as the Criminal Law).Specific provisions of the articles,with a view to better adapting the conflicting relationship between freedom of speech and reputation protection in judicial practice.