Research On The Constitutive Elements Of Network Libel Crime

Network defamation is a new type of illegal behavior that uses the Internet to spread false information.But when this kind of untrue remarks containing malicious and verbal abuse rages and develops,the serious ones will develop into cyber defamation crimes in the sense of criminal law.The current network defamation crime is not an independent crime,it is only a unique form of the traditional defamation crime and is still regulated by the criminal law and relevant judicial interpretations.Compared with the traditional crime of defamation,the new characteristics and unique manifestations of the crime of network defamation have caused some confusion to the identification of the object and subject of the crime of network defamation to a certain extent.However,in fact,the special subject status of government agencies does not need to be included in the scope of criminal acts of online defamation,and defamation acts against different subjects such as legal persons,unincorporated organizations or the deceased,because there are already corresponding criminal or civil regulations Therefore,there is no need to protect against cyber defamation crimes.And with the continuous expansion and seriousness of the spread and influence of defamation information,the main responsibility of network navy,news media,and network service managers who meet the criminal conditions in the process of defamation information transmission can be increased.In addition,in the process of determining the objective behavior of cyber defamation crimes,attention should be paid to the distinction between commentary opinions and false facts,to clarify the boundary between cyber defamation crimes and insult crimes,and then to accurately grasp the behaviors that center on dissemination and do not have flagrantness as necessary.In addition,as long as the perpetrator has a clear understanding of the content of the criminal act of online defamation and has a laissez-faire attitude towards the result of damaging the reputation of others,it can constitute the subjective intention of the crime of online defamation,that is,the psychological attitude of indirect intention cannot be ruled out.In consideration of the elements of the crime of network defamation,it is also necessary to combine the literary,constitutional and criminal law comprehensive comparative analysis to draw reasonable conclusions,but can not simply directly deny the practical significance of the "reposted 500 times criminal" quantitative standard.Through the study of the various contentious points of the constitutive elements of the cyber defamation crime,the crime and non-crime of cyber defamation can be accurately defined;at the same time,it can effectively reduce the disputes caused by the vagueness of legal provisions and reduce the criminal cases of cyber defamation in judicial practice.The possibility of being misjudged and misjudged in the process has certain theoretical research value and social practical significance.Figure 0;Table 0;Reference 53...