Violation Of The Basic Questions Of The Honorary Crime

The point of this thesis is to deliberate the elementary theory and important issues in the legislation and judicial practice. Firstly, the paper generally analyses the concept and characteristic of honorary and goodwill. The author compares the honorary tort in Civil law with this class of crimes that damage reputation in Criminal law, and analyses the legislative system to protect the right of reputation benefiting from Anglo-American and continental law system experiences. The author points out that it is difficult to differentiate whether our system emphasizes the civil protection artifice or the criminal protection artifice in the practice of law. Secondly, in order to comprehensively analyze the characteristic of this class of crimes which damage reputation, the author discusses the object elements of crime, the objective elements of crime and the subjective elements of crime. These contacts involve the limitation of the social public personal right of reputation, emphasize that this class of crimes has overt criminal characteristic, and point out that criminal law should stipulates different the subjective elements of crime in accordance with different criminal target. Thirdly, the author discusses the pleading pertinence and the criminal responsibility of the class of crimes that damage reputation in the last two parts of this article. This paper elaborates on current situations and problems in the criminal legislation and the criminal judicature. The corresponding suggestion and countermeasure is provided at the end of this thesis.