Supreme Law Judge: forwarding 500 times as sin?

According to the Xinhua news Agency, "the Supreme People's Court, the Supreme People's Procuratorate on the use of information networks to carry out defamation and other criminal cases of the application of the law," after the promulgation of the Regulation of network management, purifying the network environment played a positive role in promoting, but also appeared to the law enforcement process

How to correctly understand and use this judicial interpretation? 26th, from the National Law Association, the Supreme law, the highest prosecutors of the lawyers, judges and so on to answer this.

"Forwarding 500 times into sin" is a fabrication.

Judicial interpretation stipulates that the use of information network to slander others, the same libel information is actually clicked, browsed more than 5,000 times, or the number of forwarded to more than 500 times, should be identified as the No. 246 section 1th of the Penal Code "serious circumstances", can constitute libel.

Du Ximing, the Supreme Court's judge, said that before the introduction of the judicial interpretation, the two high for more than a year of research, collected a large number of cases, also referred to the judicial precedent. 2010 two high issued a judicial interpretation of obscene electronic information "sentence", for the purpose of making profit, the use of the Internet, mobile communication terminals to produce, reproduce, publish, sell, disseminate obscene electronic information containing less than 14 years of age minors, "the actual number of clicks reached more than 5,000 times" to produce, reproduce, publish, Convicted and punished for selling and disseminating obscene articles for profit.

"What strikes is a fabrication of information, a publisher, not a forwarding person." "Du Ximing said.

Non-intentional fabrication of facts should not be held criminally responsible

Experts point out that the state's granting of citizens full freedom of speech does not mean that any irresponsible remarks can be made freely. The promulgation of judicial interpretation is not only conducive to the fight against cybercrime, but also protects the rights of expression of the majority of netizens.

The explanation tells netizens that the Internet is not a place outside the law. Du Ximing said that the fight and protection should pay equal attention to, can not suppress the voice of criticism. For "Network anti-corruption" "Micro-bo anti-corruption", the relevant departments should take seriously, actively verify, timely publication of the results of the investigation. Criminal responsibility should not be investigated if the facts are not deliberately fabricated to slander others.

The implementation of the interpretation, but also to the administrative organs put forward higher requirements. Shinson that rumours are prevalent and that information is not disclosed in time is an important cause. Therefore, the Government should enhance the transparency and the media should also strengthen self-discipline.

"Judicial interpretation should not only fight crime, but also protect human rights, so that people feel fair and just." "Xu Lanting said.

Focus

"Chang", "the Highest law" attaches great importance to "

After the explanation, the law enforcement becomes the most concerned question.

This explanation is a test of the level of law enforcement of the grassroots public security organs. "Beijing Lawyers Association vice President Zhou Saijun said.

Gao Zicheng lawyer pointed out that after the introduction of judicial interpretation, practice found that "Chang read the warp" problem. In order to prevent very individual law enforcement officials and law enforcement agencies from using this benign judicial interpretation to retaliate, we should improve the law enforcement level, strictly enforce the law and strengthen supervision.

"Interpretation is both an authorization and a qualifying right." Xu Lan ting lawyers believe that to uphold the principle of legality, criminal law is the "last resort", if not constitute a crime, we resolutely cannot use the penalty.

For the current implementation of individual deviations, Liu Jingkun judge said that the highest law attaches great importance to the District Court has been directed, and put forward strict requirements, will further unify the law enforcement standards, standardize law enforcement behavior, and release typical cases, to carry out targeted guidance and norms.