Reputation Protection Of Criminal Law

As one of the important legal interests, reputation should be paid enough attention. However, the article of reputation crime in Criminal Law of PRC is described in principle. In detail, only humiliating and defaming a natural person's reputation can constitute crime, while in any case humiliating and defaming the descent's reputation and Corporation's and organization sodality's reputation can't constitute crime. The narrow scope of protection has not adapted to the requirement of effective reputation protection. In the meanwhile, the theory field of criminal law made so less research on the reputation crime that some conceptions related with reputation have become garbled. Given that, the status quo arouses the author's interest in making further research on reputation crime.By comparing the different theories of the connotation of reputation in Germany, Japan and Taiwan area, the author holds the dimidiate opinion of the reputation conception. Namely, both exterior reputation and the feeling of reputation should become the contents protected by criminal law, but their statuses are different. The exterior reputation is the main legal interest, while the feeling of reputation is minor.The thesis attaches more importance to the reputation scope protected by criminal law from the perspective of the subject of reputation. The author suggests that the scope of the subject of reputation should be enlarged. Therefore, not only the natural person's reputation only stipulated in Criminal Law of PRC, but also the decedent's reputation and Corporation's and organization sodality's reputation have been particularly demonstrated. The author introduces the legislations and relevant theories of reputation protection in Continental law system countries including Germany, Japan and Taiwan area and so on in order to use for reference to improve on the criminal legislation of protecting the reputation. In addition, some restrictions are also necessary. Only in this way can the reputation be effectively protected, and the same time the power of punishment can avoid being abused.