Research On The Judicial Determination Of Internet Defamation Crim

With the progress of science and technology and the rapid development of network technology,People’s Daily life is more and more convenient.However,while enjoying many benefits brought by the network,people are also faced with the dilemma that their personal reputation is destroyed at will.Since our country is in the era of rapid development of Internet,cases involving Internet crimes are also growing rapidly."crime of Internet defamation" is one of the contents of Internet crimes.Internet defamation acts will reduce the social evaluation of others and detract their reputation.However,how to deal with the freedom of speech of citizens and the protection of the victim’s reputation has become a difficult problem.The boundary between the two is not clear and clear,and the relevant legal provisions do not give corresponding explanation.At present,Chinese law does not have more complete and detailed regulations against network defamation crimes,resulting in some disputes in judicial practice,including "serious identification of circumstances","the conflict between private prosecution and public prosecution","the difference between the crime of defamation and other charges" and so on,if can not be properly resolved which is not conducive to the protection of the legal rights and interests of victims,It is also not conducive to the standardization of conviction and sentencing.Therefore,this paper will attempt to analyze and study this problem of network defamation from real cases,and use case studies and comparative analysis to make suggestions to the current legal provisions by resolving the disputes in the case and analyzing the concept and constitution of the crime of "crime of network defamation".Seek to establish a reasonable standard of Internet punishment,and expect legislators to perfect the detailed "crime of libel" provisions.