Problems of Criminal Law Regulation on Cyber Defamation Crime
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.
cyber defamationcriminal law regulationjudicial interpretation
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