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On the Internet defamation Criminal Regulation

Author: JieHong
Tutor: ZuoMingAn
School: China University of Political Science
Course: Criminal Law
Keywords: Defamation Internet defamation Plight Legislation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 245
Quote: 1
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Abstract

The rapid development of science and technology to bring convenience to people's lives, but also to give our lives to bring some inconvenience. Development of networks to facilitate people's everyday life, expanding the scope of activities of people large, At the same time, the network also some negative phenomena, the network is one of defamation. Internet defamation is a walk through the network of false news on the damage the reputation of others behavior. Internet defamation impact the health of the network environment and network development, but also infringes on the legal rights of other network users. As the network defamation has a special route of transmission, its consequences are with traditional defamation there are some differences. Internet defamation is a cybercrime, Tong said that this is a network tool crime 1. Judicial practice, in the course of processing network libel cases, the network defamation law applies also encountered some difficulties: 1. Prosecution and Prosecution choice dilemma: libel as a private prosecution, the prosecution case as how to define the criteria , under what circumstances should the public prosecutor to prosecute? our laws are too principled, which resulted in the specific judicial practice, judicial staff on how to use the law to deal with such cases have very different opinions. 2 private prosecution case investigation and evidence collection dilemma: Network defamation prosecution did not meet standards, only by the private prosecutor to the courts themselves, but because of the network involved in libel cases highly technical, ordinary private prosecutor did not correlate with technical capabilities. Although our law provides for the private prosecutor has the right to apply for investigation, but that does not fundamentally solve highly technical in such cases, the private prosecutor in the investigation forensics disadvantaged issues, which gives private prosecutor investigating evidence brought some difficulties. 3 against the government's Internet defamation offenses identified dilemma: current judicial practice, mostly to deal with defamation government agencies targeted network defamation, however, by analyzing the provisions of the criminal law on defamation, we found that: libel Elements of the crime of the provisions relating to the object of crime, only a natural person and does not include legal persons. So, the government targeted network defamation by libel to deal with is obviously inappropriate. Since the emergence of Internet defamation, and the imperfections of the existing legislation to deal with such problems in judicial practice has brought many difficulties, therefore, some scholars have proposed to establish a separate network for defamation charges to regulate this new this new type of crime behavior, I believe that legislative practice from abroad, China's judicial practice and the protection of the network requires the full exercise of the right to freedom of perspective, China's criminal law is not necessary to set up a separate network for such acts of defamation. Throughout the relevant foreign networks defamation and defamation legislation, we found almost no countries on the establishment of new networks separate defamation charges. Through the large number of network libel cases and domestic and foreign law research and analysis, the author proposes a network defamation regulation measures: First, from the legislative level analysis, 1. Improve defamation provisions: for different objects for different penalties penalties, criminal penalties to which it applies different objects clause should also be different; separate penalties established network defamation standards to comply with the principle of suiting punishment. (2) a clear case of public prosecution and private prosecution standards. Secondly, from the analysis of the judicial level, a clear jurisdictional requirements, improve the private prosecutor's investigation right; strengthen coordination between the various branches of law. Finally, the author also proposes strengthening the criminal law aspects of non-cooperation, to improve the government's crisis response capabilities and to strengthen the network of moral education network defamation comprehensive regulatory proposals.

On the Internet defamation Criminal Regulation

Abstract

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