网络诽谤行为的刑法规制研究
Study on the Criminal Law Regime of Internet Defamation Behavior

网络诽谤行为是传统诽谤行为在新时代发展下于网络虚拟空间的异变，传统刑法中的诽谤罪向网络空间延申，形成了具有隐蔽性、不可控性、持续性等特征的网络诽谤犯罪。关于诽谤罪的规制已经较为完备，但我国现行刑法对网络诽谤行为的规制仍存在着缺乏对单位主体的规制、治理网络诽谤行为的观念滞后、“情节严重”的量化衡量标准不明确等现实困境，需要从将单位主体纳入规制主体、协调网络犯罪立法与传统犯罪立法、明确情节严重的认定标准三个方面完善刑事规制。
Network defamation is a mutation of traditional defamation in the virtual space of the network under the development of the new era. The defamation crime in traditional criminal law has been extended to the cyberspace, forming a cyber defamation crime with the characteristics of concealment, uncontrollability and continuity. The regulation of defamation has been relatively complete, but the regulation of cyber defamation in China’s current criminal law still exists in the lack of regulation of the unit subject, the lagging concept of governance of cyber defamation, the quantitative measurement of “aggravating circumstances” is unclear and other practical dilemmas, which need to start from the incorporation of the unit subject in the subject of regulation, the coordination of cybercrime legislation and traditional crime legislation, and the clarification of the aggravating circumstances of the crime. There is a need to improve criminal regulation in three aspects: including the subject of the unit in the subject of regulation, coordinating the legislation on cybercrime with the legislation on traditional crimes, and clarifying the criteria for determining the seriousness of the circumstances.