中国网络诽谤行为立法路径探究 —与韩国毁损名誉罪比较的视角-

With the development of the Internet, the network broadens the channels for people to understand information, and provides a broad platform for freedom of speech. While bringing convenience, the phenomenon of network slander came into being, making a series of new legal issues constantly highlighted. The phenomenon of network defamation arises at the historic moment. In particular, defamation through the Internet is more serious than general defamation. From the concept of network defamation and the crime constitution of the crime of damaging reputation, the legal interests infringed by the two are consistent, and they are all the reputation rights of others. However, there are some differences in behavior. Network defamation refers to the perpetrator who fabricates and spreads false facts on the network by using information network as a communication tool, implements defamation and infringes on others' reputation, while the crime form of reputation damage refers to those who openly reveal facts or false facts and damage people's reputation. Internet defamation is a new type of defamation by using information network, which has serious social harmfulness and infringement of legal interests. Because network defamation has the characteristics of concealment, rapid dissemination and diversity of subjects, China's current relevant laws can not properly regulate this behavior, so it is urgent to regulate it through criminal law. This paper puts forward three dilemmas in the legislation of network defamation in China at present, namely, the lack of rationality in the standard of incrimination, the fuzziness in the division of the boundary of the crime of pro-accusation, and the lack of regulation of the crime of unit subject. At the same time, according to the three dilemmas, combined with the crime of damaging reputation in the current Korean law, this paper puts forward three legislative inspirations, namely, formulating reasonable standards of incrimination, clarifying the boundary of the crime of pro-accusation, and adding the regulation of unit crime, aiming at providing some reference for the legislation of network defamation in China.