| With the development of technology,the popularization of personal computers and smart phones,and the advent of the 4G and even 5G era,the network has become more than just a tool,but also an indispensable part of people’s lives.But nothing comes free.While the Internet has it’s advantages,it has also become a breeding ground for illegal and criminal behavior.In the information age,people use the Internet more to obtain information,disseminate information,and communicate.As netizens generally do not confirm whether Internet information is true and reliable,they arbitrarily express opinions or forward them.Some false defamatory information is passing through.After netizens repost it casually,it may spread all over the Internet,and the harmful consequences caused are far beyond the reach of traditional slander.Compared with traditional defamation behaviors,the network has many characteristics that make the network defamation spread faster,have a wider range of influence,and it is more difficult to eliminate the harm.In view of the increasingly rampant online defamation,the Supreme People’s Court and the Supreme People’s Procuratorate jointly announced on September 6,2013 the Judicial Interpretation on Several Issues concerning the Defamation through Information Networks(hereinafter referred to as the Interpretation of Defamation Cases),which provides more detailed regulations on the methods of online defamation and the standards for serious circumstances,which fills in the legal gaps in the special regulation of online defamation.The publication of the Interpretation of Defamation Cases has played a good guiding role in the identification of online defamation in judicial practice,but the academic circles are quite controversial about some of the provisions in the Interpretation of Defamation Cases.This article combines the provisions of the Interpretation of Defamation Cases on the network defamation behavior,analyzes the criminal constitution of the network defamation behavior,and gives some opinions on the common crime and the number of crimes of the network defamation.The first chapter is the basic definition of online defamation,introducing the concept and behavioral characteristics of online defamation,as well as the current status and existing problems of my country’s criminal legislation against online defamation.Online defamation is a special form of traditional defamation that uses the Internet as a tool.Although it has many characteristics that are different from traditional defamation,such as fast spreading,wide range,and difficult to eliminate harm,it can still be carried out by the crime of defamation.Regulations,there is no need to specifically set up new crimes in the Criminal Law.The second chapter combines the relevant provisions of the Interpretation of Defamation Cases to analyze the crime of network defamation from the aspect of criminal constitutional elements.In terms of object,it affirmed that online defamation,like traditional defamation,violates the reputation of natural persons,the government cannot be the target of defamation,and the protection of the reputation of government officials should be restricted to a certain extent.Objectively speaking,the judicial determination of the fabrication and dissemination,distortion and dissemination and knowingly disseminating stipulated in the Interpretation of Defamation Cases are analyzed for judicial determination and the rationality of the quantitative standards;it is determined that dissemination does not need to be done in public.The defamation is a single act,and the quantitative standard will not cause objective conviction or other’s aid to crime.In terms of subjects,the subjects proposing network defamation mainly include three types of network defamation information publishers,disseminators,and network service providers.On the subjective aspect,it is demonstrated that indirect intention can also be the subjective aspect of the crime of defamation.The third chapter discusses the common crimes and the number of crimes of network defamation crimes.An in-depth analysis of joint crimes in disturbing fabricated facts and disseminating them and knowingly disseminating them points out that under certain circumstances,the perpetrator may form a one-sided accomplice.The fourth article in the Interpretation of Defamation Cases is a provision for multiple crimes in cyber defamation;cyber defamation will,under certain circumstances,constitute an imaginary co-criminal with the crime of illegal business operations or the crime of fabricating or disseminating false information;Considering subjective and objective factors,if the perpetrator implements online defamation and extortion,it will not constitute an implicated criminal in the crime of defamation and extortion. |
