Research On The Application Of Criminal Law Of Network Defamation

With the increasing development of information network technology and the increase of network coverage year by year,information network has gradually become an unreachable tool for People’s Daily work,study and entertainment.At the same time,the use of information network to carry out new crimes can not be ignored.Network defamation,as a new type of crime arising from the rapid development of information network technology,is stipulated in Article 246 of Criminal Law and judicial interpretation.Although these provisions provide a legal basis for the handling of the crime of libel in judicial practice,there are great controversies at the same time.There are different views on the constitutive elements of the crime of cyber libel and the relevant judicial interpretations.Although the collision of these views is conducive to the in-depth study of cyber libel in academic circles,However,in judicial practice,different understandings of legal provisions may lead to widely divergent judgment results,and in severe cases,the perpetrator may be subject to a judgment inconsistent with the punishment.This paper discusses the problems of online libel in the application of law through the case study,and holds that the subjects of online libel crime should include the disseminators who have malicious libel information except natural persons.The subjective aspect of the crime of libel should include indirect intention;Public law persons,private law persons who directly infringe on their reputation,public figures and the dead should be included in the objects of online defamation.The single act of "spreading" in "spreading false facts to slander others" can constitute the practice of libel crime;Although defamation behavior is given priority to by blatant implementation mode,but should not ignore the private hair,private chat behavior between accounts;In the provision of "seriously endangering social order",considering that information network technology has continuously and deeply affected People’s Daily life,cyberspace should be included in the category of public places,and cyberspace order should be included in the category of public order.In the judicial interpretation of network defamation,"serious" in the first paragraph "the same defamation information is actually click on more than five thousand times,browse,or be forwarded five hundred times more than" the standard of criminalizing threshold,reduce the libel in civil law regulation just up to the standard of behavior,in criminal law is much higher than the standards of behavior;In the case of "causing serious consequences such as mental disorder,self-mutilation or suicide of the victim or close relatives" in the second paragraph,it shall be considered as the serious consequences caused by the act of libel,and shall be convicted and punished for the crime of libel;Paragraph 4 "other serious circumstances" shall not include the victim being dismissed by the employer and causing family breakdown,but "social death" shall be treated on a case-by-case basis,and the provisions shall also apply to those with serious consequences.