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网络的深度社会化不仅给人们的生活方式带来了重大革新,也滋生了各种类型的网络犯罪,网络诽谤便是其中之一。网络诽谤是在传统诽谤的基础上发展而来的,因而在具体的认定过程中绝不能脱离对传统诽谤的理解。但鉴于网络诽谤具有犯罪主体隐蔽、调查取证困难、危害结果严重等特点,单纯依靠传统规则显然不能很好地加以规制,因而需要立法者结合网络时代的特征,不断完善网络诽谤的刑法规制。
The deep socialization of the Internet has brought about not only major innovations in people’s lifestyles but also various types of cybercrime. Internet defamation is one of them. Web defamation is developed on the basis of traditional defamation, and therefore must not be deviated from the understanding of traditional defamation in the process of specific identification. However, in view of the fact that network defamation has such characteristics as the hidden subject of crime, the difficulties of investigation and evidence collection, and the serious consequences of the harm, it is obviously not well regulated by the traditional rules. Therefore, it is necessary for legislators to perfect the criminal law regulation of network defamation in light of the characteristics of the Internet Age.