Judical Application Of Defamation Under The Context Of Law

Libel cases in recent years have received extensive attention, which is caused by the particularity of the victim and what speed the public prosecution procedure start at.Sound of the discussion is lingering on faintly. we should take a deep thought whether should be condemned libel guilt when the populace slander the government officials. Libel is defamation crime. Its basic manner is to express certain crime theory in written or oral form Therefore the application of defamation can have certain limit inevitably to citizen's freedom of speech. The free full opinion is the method which the citizens perform the democratic supervision and also the necessity for the construction of a harmonious society. However, the case that is pronounced guilty because of the speech takes place occasionally. which produces a great deal of discord between present situation of application of libel and the pursuit of democracy as well as the rule of law in China. Defamation become the effective weapon of the freedom of expression. To ensure libel applied correctly under the context of law, it is necessary to carry on the ponder to the libel. Then recognizes the standard for the judicial practice determination feasible libelThe existing article of our country is written to explain to the crime of slandering that analyzes in terms of theory .Study application less. This article attempts to explore the conflict between the two starting with the conflict of reputation and freedom of speech to expect to ensure slandering using correctly in the judicial practice of crime .This article is divided into four chaptersChapter one to analyze the defamation applies in our current situation. Firstly summarize the public cases for speech crimes in the recent years, and then conclude the abuses of defamation in my current judicial practice. Subsequently, analyze itChapter two addresses the right to honor and the right to freedom of expression. First has carried on the outline to the right of reputation and the freedom of speech power. This is followed by an analysis of the conflict between the two. See the foreign judicial practice in resolving conflicts between the two. Finally analyzed on how to resolve conflicts between the freedom of speech power and the right of reputationChapter three describes the constituent elements of defamation. Separately define the elements from the object of crime, criminal objective, the subject of crime.Chapter four several suggestions are made on judicial application of the rule of law of defamation in the context...