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国内这些年来有越来越多的人利用网络信息技术开始实施各种各样的犯罪活动,最突出的就是在网上出现很好诽谤造谣的现象,把公民的基本权益给伤害了,把社会的秩序给扰乱了,更严的是还发生群体件,严重影响社会的和谐与稳定。所以我国的最高级人民检察院与人民法院一起颁发了《有关利用办理网络信息的诽谤案件的若干法律问题解释》(下文称为《解释》),并已经开始施行。笔者根据《解释》及违法犯罪现象,梳理了相关的司法解释,进一步确定了网络诽谤等违法行为的定罪量刑标准。
In the past few years, more and more people in our country have started using Internet information technology to start a variety of criminal activities. The most prominent one is that there is a very good phenomenon of slandering and spreading rumors on the Internet, harming the basic rights and interests of citizens, The order has been disrupted, more serious is the occurrence of group pieces, seriously affecting the social harmony and stability. Therefore, the Supreme People’s Procuratorate of our country and the People’s Court jointly issued the Interpretation on Several Legal Issues concerning the Use of Defamation Cases for Handling Internet Information (hereinafter referred to as “Interpretation”), which has already come into effect. According to the “explanation” and the phenomenon of illegal and criminal activities, the author sorts out relevant judicial interpretations and further determines the standards of conviction and sentencing for such illegal acts as internet defamation.