In the proof of cyber defamation,attention should be paid to the reasonable distribution of the burden of proof,which requires the prosecution bear the burden of proving the crime elements and the conditions of blameworthiness,and the defendant bear the burden of proving the defense of justification and the defense of excuse.Expression on matters of public interest is protected from being found illegal.Thus,the prosecution should prove beyond the reasonable doubt that the defendant's expression does not involve the public interest,or that the protection of such expression is out of proportion to the damage done by the expression.The court should also take consideration of the priority of the protection of rights in deciding a case.In the process of proof in such cases,the burden borne by the private prosecutor has been alleviated both in the standard of production and the standard of conviction.In the initiation of a public prosecution,the procuratorial organ should prove that the expression has"seriously endangered the social order and national interests",otherwise it cannot initiate public prosecution proceedings.
Cyber defamationProofDistribution of the burden of proofStandard of proof
NETL
NSTL
万方数据
