Abstract: Althoughjudicial interpretation from the Supreme People’s Court and the Supreme People’s Procuratorate has provided certain bases for the punishment of Internet defamation,there still exist some legal obstacles in execution,leading to great conflicts with the theory of criminal law.For example,article 2(1) exceeds the area of jurisdiction;article 3(1) makes crimes applicable to the group events,which contributes to the localization of justice;and article 5(2) lowers the threshold of the crime of affray.From the perspective of judicial interpretation theory,holds that proper conclusion of judicial interpretation should be made so that the steady and justice of law could be realized.

Key words: Internet defamation, objective punishment conditions, mass incident；crime of affray