Removal Of The Libel Prosecution And Protection For Right Of Public Opinion Supervision

The cases of "speech crime" continue to occur, which not only reflects the strong maneuverability of justice system, but also reflects that whether people, in the environment of rights conflict, care about the value of the significance of the Constitution. The operation of state power needs supervision and restriction, therefore, protecting the right of consensus supervision becomes our mainly value target during the transformation to the rule of law. In judicial practice, the proviso of article246of the Criminal Law requires that libel can be proceeded by the procuratorate, which always conflicts with the right of comments supervision belonging to the citizen authorized by the Constitution of article41.The former owns the advantage in proceeding, frequently overhead the latter, and "removing the prosecution of the libel "may. on the one hand, be able to help the citizen resist the arbitrariness infringement of the public power, on the other hand, it can urge the right of consensus supervision to be reality.This article concludes six parts:the foreword, four chapters and the ending. The foreword begins with a real case, and then it explains the reason, value and striving of the study. The first chapter gives the definition and the attribute of the right of consensus supervision. The second chapter starts from the articles and discriminates the conflict of rules between the article of41in the Constitution and the article246of the Criminal Law. The third chapter emphatically analysizes the protection mechanism and realizes the way of the right of consensus supervision. Combining with foreign experience, the fourth chapter profound analysis the principle of "Actual Malice",and according to practical situation of China proposes the way to solve those problems. The ending sums up the whole research of this article.