On The Criminal Regulations Of Network Defamation Crime

Into the 21st century,with the progress of science and technology and network communication becomes more and more popular in the social production and living,many social public increasingly accustomed to through the way of online publishing information for expressing will and emotion,the expression also presents the liberalization,the characteristics of open.However,along with the network language violence intensified,some netizens use the characteristics of the network spread false facts,online to slander of others,this kind of behavior not only damaged reputation,others destroy the social order,serious already constitute a libel.Therefore,aiming at the problem of network information communication and speech to release is necessary based on harmfulness in the view of law and the legitimacy of its implementation to explore and research,and analysis of this kind of behavior from the perspective of defamation crime which belong to the category of illegal,and will be what kind of legal measures to regulate.The first part of this article will first define the concept of the network defamation crime,analyses the main characteristic of this crime,secondly according to the existing of China’s criminal law judicial interpretation about libel,given the analysis and interpretation of different network introduces the constitute defamation crime,including the current in the judicial interpretation of "false facts","network spread","serious",etc.A detailed analysis.Thirdly,the author puts forward the significance of criminal law regulation on online defamation crime.The second part from the countries of Anglo-American law system and continental law system countries,Hong Kong,China,to analyze network defamation crime according to the regulation of,can to summarized out to experience in network defamation crime in our country.Because our country criminal law and there is no separate network defamation crime charges,lead to easy to appear in the judicial practice of network defamation crime definition is not accurate,with similar properties to distinguish how crime,this paper implement the discussion on this question in the third part,first with using the Internet network defamation crime stir-up-trouble crime,the crime of illegal business,extortion analyzes the similarities and differences between generalization.Second analysis network defamation crime in the judicial practice in our country that the practical difficulties,such as network defamation subject requirements is too single,the burden of proof rules of territorial jurisdiction is not clear,for which the specific provision for analysis.In view of the difficulties and problems mentioned above,in this paper,the fourth part through the analysis of network defamation crime,to draw lessons from foreign experience,on the basis of from two aspects of legislation,judicial perfect conclusion to crack down on Internet defamation crime criminal law to promote countermeasures.In order to promote the healthy and orderly development of the network environment,we should improve the criminal law regulation of online defamation crime in China.