“两高”出台的《解释》针对网络诽谤的入罪标准做了细化规定。本罪认定要坚持主客观统一的原则，不能对《解释》做机械理解。对于自诉案件，公安机关应动用行政处罚权予以处理，而不能无所作为，使被害人的权益得不到保护。%The Judicial Explanation, issued by "Two Supremes", makes concrete provisions on offence of online calumny. In the cognizance of this offence, we should insist the principle of combining subjective factors with ob-jective ones, and should not understand the Explanation rigidly. In addition, for cases of private prosecution, po-lice should use administration punishment right to handle them, and should not should not damage the rights of victims due to breach of duty.
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