On The Application Of The Libel Prosecution System

In recent years, China's judicial practice defamation case by public prosecution has caused extensive social concern, and law theoretical and practical circles also has many disputes. Taking shaanxi's first network defamation case-" HanXingChang defamation case" as an example, and taking adjustment of the relationship between public powers and citizens'rights as the core, this thesis emphasizes the modern countries under the rule for citizens freedom of opinion, and the importance of protecting public power exercise legal limits, which involves three main parts to make reseach on the use of the public prosecution system for libel.First, the current laws and regulations. According to the present law, The thesis analyzes Han Xingchang defamation case from two aspects of substantive and procedural laws, and illustrates that Han Xingchang defamation case does not belong to the scope of legal case of public prosecution. Then pointed out that in the defamation case any expansion of public prosecution right, is a kind of violation of the constitutional rights like freedom of speech and etc., for citizens.Second, the laws analysis of public porsecution activities on defamation case. From the the relationship of civil rights and the public power, civil rights and public power in defamation case are analyzed in detail, and the restrictions on the right of reputation protection to government and public officials are emphasized, and the responsibility for defamation actions shall follow the principle of balancing of interests. The exercise of right of detection and public prosecution and its legal restrictions are also studied.In this section, the "network slander" behavior, and the particularity of the judicial principle for defamation case are summed up.Third, the sound system of public prosecution for defamation case. The author summarizes the defamation laws in the world today, and the development trend of "four" legal regulation network defamation case in China, and puts forward three countermeasures for system of defamation crimes:legislation on the scope of defamation case by public prosecution, establishment of a range of constitutional rights protection system, and set up the comprehensive criminal cases supervision mechanism.