While the Internet provides people with diversified channels for obtaining information,it also breeds many illegal and criminal acts implemented through the network.Although criminal law already has corre-sponding laws and judicial interpretations to regulate this behavior,there are still problems such as dis-putes over the quantitative standard of"serious circumstances",difficulties in obtaining evidence by vic-tims,and lack of regulation on unit crimes.In terms of legislation,indirect intention can be included in the scope of determination of subjective elements,unit criminal subjects can be added,and provisions on help-ing to obtain evidence can be improved;in terms of judicature,"knowing and still spreading"can be stipu-lated as the act mode of the crime of defamation.Judicial interpretations can be restricted by adding condi-tions such as"subjective knowledge"and"serious circumstances",and at the same time,judgment stan-dards of"subjective knowledge"and specific circumstances of"serious circumstances"can be added;when determining the recognition standard of"serious circumstances",it should be recognized in combina-tion with formal and substantive standards.
关键词
网络诽谤/刑法规制/司法解释
Key words
cyber defamation/criminal law regulation/judicial interpretation
万方数据