Study On The Application Of Criminal Law Of Network Defamation

With the rapid development of the Internet industry,the Internet not only brings convenience to people,but also breeds many cyber crimes,among which the crime of online libel is one.No matter how deformed network libel behavior is,its essence still belongs to the category of traditional libel crime,but because of the particularity of its network,it is insufficient to apply traditional libel crime to regulate the existing problems.Therefore,the identification standard should be unified in the specific application of the crime of network libel in the criminal law,so as to accurately apply the crime in the network environment.Based on the relevant cases of online defamation,this thesis summarizes the existing problems in the application of online defamation in criminal law,and clarifies and solves the fuzzy problems in the application of criminal law by combining the relevant criminal law theories of online defamation.Starting from the relevant background of online defamation,this thesis points out the significance and value of studying the application of online defamation.At the same time,it summarizes the domestic and foreign researches and introduces the research methods of this thesis.Based on the relevant cases of online defamation and the practice of judicial determination,this thesis summarizes the main problems existing in the application of criminal law of online defamation,namely: the tension between the protection of reputation and the freedom of speech of citizens is difficult to balance;The subjective requirements of the crime of network libel are not clear;There are differences in understanding of the scope of the behavioral subject;The dispute between the theory of single act and the theory of plural act in performing act is difficult to eliminate;The quantitative criteria for "serious circumstances" are disputed;There are different standards for identifying those that cause public disorder.Secondly,it introduces the relevant concepts,characteristics,forms of expression and subjective and objective elements of the crime of network libel as the theoretical basis for the study of this crime.Thirdly,from three modules,namely the identification of relevant constituent elements,the understanding and application of judicial interpretation,and the boundary between this crime and that crime,the author makes a detailed analysis of the main disputes in the application of criminal law of cyber defamation,and puts forward his own opinions and preliminary conclusions,namely: "false information" regulated by criminal law should conform to the double standard of fact statement and harmfulness to a certain extent;Subjective conditions should include "indirect intent";Internet public relations companies and Internet service providers shall bear criminal liability;The threshold for libel against "public officials" should be raised appropriately;Online defamation should include the situation of "knowingly spreading";The quantitative criteria of "serious circumstances" should be considered comprehensively;The criteria for "causing public disorder" should be unified.At the same time,it analyzes and discusses the boundary between cyber libel and similar charges in order to improve the applicable standards of each constituent element of cyber libel.Finally,this thesis mainly focuses on three aspects: legislation,judicial interpretation,maintaining the balance of freedom of speech and right of reputation.It is hoped that this study can provide useful reference for the criminal law application of this crime.