The Constituent Elements And Judicial Cognizance Of The Internet Defamation

With the speedy development of computer technology and the popularization of internet,as a double-edged sword,internet brings convenience to our life,but at the same time illegal and criminal activities that are committed through the internet are becoming more and more frequent.Internet defamation is one of them.Internet defamation refers to the act that uses the internet to fabricate and spread false fact that damages other people’s reputation and personality which is serious.Internet defamation is one form of defamation,so it has common characteristics with traditional defamation.However,it is implemented by internet,so it also has different characteristics with traditional defamation.Just because of it,the traditional defamation can not better regulatory internet defamation.So the Supreme People’s Court and the Supreme People’s Procuratorate introduced the Judicial Interpretation and Law-application for Utilizing the Internet to Conduct Defamation and other criminal cases in September 2013.This judicial interpretation refined the identified standards on incrimination conditions and prosecution standards of internet defamation and more refined standard is easy to identify in the judicial practice,So in this paper,the author combines the judicial interpretation to put forward her own opinions about the constituent elements and difficult issues of the internet defamation.Removing the introduction and conclusion,this article is divided into five parts to discuss the constituent elements and judicial cognizance of the internet defamation.The first part discusses the overview of defamation and internet defamation.First,I discuss the conception of defamation and internet defamation,then discuss the similarities and differences between the internet defamation and the traditional defamation,in order to discuss the constituent elements of internet defamation.The second part of this article explores the objective aspects of the internet defamation.In this section I discuss its object and objective aspects,the object of this crime is the dignity and reputation.The objective aspect of this crime is fabricating facts and spreading on the network which is serious.In the judicial interpretation,this part is the most controversial,especially "Click to view more than 5,000 times,or forward more than 500 times ".The third part explores the subjective aspect of the internet defamation.In this section,first I discuss the subject of this crime,such as forwarder,internet mercenaries and internet service provider.Then I discuss the direct and indirect intentional.Part Ⅳ explores the interpretation of the judicial interpretation.In this part Ⅰintroduce the background and evaluation of the judicial interpretation,and explan the indictment standards.Part Ⅴ explores the difficult issues of internet defamation,such as special identity,jurisdiction and burden of proof.Base on the analysis of this issues about the constituent elements of internet defamation,I hope I can draw my conclusions to provide some theoretical support for the internet defamation research,reduce the misunderstanding of the judicial interpretation,protect the legitimate rights and create a good internet atmosphere.