Research On Difficult Problems Of Crime Of Defamation

According to the Article246of "the Criminal law of the people’s Republic ofChina",defamation is relatively light. In recent years, with the rapid development of digitaltechnology,Civil rights awareness,Defamation that balance betwween freedom of expressionand the protection of right of reputation is increasingly concerned by the academin field.Dueto the current "Criminal law" to the structure of behavion of crime of defamation, theunderstanding and application of serious harm to social order and national interests, how toswitch defamation private prosecution to indictable conditions are provided too principle,theoretical circles are controversial, the dudicial practice also often encounter applicablestandards are not unified. To extend the practical life, facing the existing legal texts, a betteroption is to make a reasonable explanation. From the perspective of interpretative theory toexplore the problems of libel, and then clear penalties for the right boundaries and theboundary of the liberty of citizens has a strong practical significance. The paper is dividedinto five parts, mainly the following three difficult problems:The first part is the introduction. Elaborate defamation development present situation andthe existing problems, based on the review of defamation research results, put forward theproblem of this paper will study.The second part is the structure of behavion of crime of defamation.We can be learnedfrom the specific legal provisions and related academic interpretation of the libel. Fabricatedand spread are two basic behavior patterns constitute defamation. Their connotation anddenotation as well as between the two there is a dispute in theoretical circles, Its literalinterpretation and systematic interpretation be resolved to clarify the spread of the methods,scope objects and other key issues. Constitute the crime of libel and spreading behavior playsa decisive role in the core part of the defamation. Did not make up, only the spread, may alsoconstitute libel in serious circumstances, In addition, false facts and derogatory evaluation,Draw only the statements false in order to become the content of the conclusions of the libelcrime. Derogatory evaluation is a value judgment or opinion, it does not relate to a genuineproblem and can not become a reality.The third part is the understanding and application of serious harm to social order andnational interests. The246of the Penal Code, paragraph2, but the book provides that the judicial practice of the most controversial theoretical circles has also divergent. Serious harmto social order and national interests in the broadest sense of the circumstances are serious,which does not exceed the circumstances are serious, still in the defamation offense within themass range. The principle of legal language is inevitable, so we need to grasp the libel fromthe two perspectives of the subjective and objective standards, but the specific content of thebook the terms. We need to switch defamation cases of serious harm to social order andnational interests into the indictment, and its purpose is to protect the public interest. Theuncertainty of the content and object of public interest give the state abusing the power a legalpretext. When handling libel cases of the local party and government leaders, we shouldconsider all the more strict interpretation of the terms of the content of the book, can notdirectly deal with such cases of defamation cases indictable treatment to comprehensive, weconsider whether the cases fit in with the objective and subjective criteria.The fourth part is about how to switch defamation private prosecution to indictableconditions.Defamation is civil action, applicable to criminal proceedings obey privateprosecution principle, the public prosecution is an exception. Private prosecution andprosecution are the two types of criminal prosecution modes. It also forms the differentperformances, the entity will produce different results. Defamation by a private prosecution topublic prosecution will produce different consequences. Pure private prosecution mechanismobviously can not meet the needs of the judicial practice, the private prosecution mechanismcan not properly play its due role because of lacking the capacity constraints of the privateprosecutor litigation. Different obstacles about Libel private prosecution mechanisms willappear, so the State must establish a multi-level systems of criminal proceedings, for thedifferent levels of problems. At the same time we should pay attention to the libel proceduresand entity running on coordination problems. Hoping to turn a libel through publicprosecution of the conditions of the comb, the government should put forward thecorresponding Suggestions.The fifth part is conclusion. I put forward comprehensive summary views andSuggestions basing on the whole text.