略论网络环境下诽谤罪认定中的若干问题

On Some Issues on Identification of Libel in the Network Environment

近年来,网络环境下的诽谤案件几呈井喷之势,令司法机关遭遇诸多困境。文中从网络诽谤的特点入手,重新梳理相关法律规范。作者认为,相较于传统诽谤行为,网络诽谤行为的入罪标准应更为严格,应更多地采用民事手段规制;对"公众人物"的网络言论一般应排除在诽谤罪之外,公诉手段应受到严格限制。

In recent years, libel cases in the network environment have been increasing at an amazing speed, which makes the judicial organs in trouble. This article begins from the features of the network slander and combs correlative laws and regulations. The author believed that, compared with traditional libel behavior, there should be more stringent standards for network libel behavior to constitute a crime, and more civil means should be used; To ＂public figures＂ network speech should be excluded from the general definition of libel, and means of public prosecution should be restricted.