Criminal Law Regulation Of Internet Defamation

Based on the current situation of frequent online defamation crimes,it is necessary to criminalize online defamation.By comparing the crimes of defamation,the main elements of subjective,subjective and objective aspects are analyzed comprehensively.In online defamation crimes,when the perpetrator’s subjective aspect is indirect and intentional,it can constitute a defamation crime if other conditions are met.Detailed interpretation of the objective behavior elements such as "tampering" and "knowingly" specified in the judicial interpretation of the "two highs",excluding the requirement of "openness" of dissemination in online defamation,so as to prevent unspecified third parties from defamation Knowing the information is a necessary condition for dissemination in online defamation."Poor plot" refers to the severity of the malicious activist’s specific behavior,which is different from "serious plot".Regarding the "quantity standard",there is no question of the third person assisting the crime,but the lack of the substantive condition of "the actual impact of defamation information on the victim".Aiming at the situation in which companies,enterprises and other legal persons appear as criminal subjects in online defamation cases,additional unit crimes are established.Increasing the punishment for online defamation crimes,on the basis of the statutory penalties stipulated in the Criminal Law for defamation crimes,moderately increase the maximum term of fixed-term imprisonment,and increase fines.