Research On The Punishment Scope Of Crime Of Defamation

Crime of defamation reflects the criminal law protection of citizens’ reputation, but also to civil space of a restricted freedom of speech and expression. The Crime of defamation system design, in fact, was a reputation and part of the criminal law in order to protect the citizens to sacrifice a value tendency of free speech. When two kinds of interest conflicts, law on one side have some wrong, but this trend must be qualified in a certain range, some sacrifices must not become all sacrifice. Punishment for crime of defamation, therefore, the scope of the study is to strictly limit the extent of protection of the reputation, thus protecting the vulnerable freedom of speech.Crime of defamation behind involve more complex theoretical problem, but because it is a relatively gentle crime punishment, and therefore in China’s criminal law research originally is not outstanding, but with the awakening of citizens’ rights consciousness and the instinct pursuit to freedom of speech enhancement, combining our country present stage public opinion development present situation, in recent years, crime of defamation in practice there have been some special issues in our country. Focus performance for these problems, public power abuse crime of defamation on supervision by public opinion. And crime of defamation is misused in legal level contains two aspects:one is the law of crime of defamation didn’t stick to the current structure bottom line, abuse of crime of defamation, will be a lot of not crime of defamation actions into crime of defamation punishment scope; the other there was a problem with the system design is the crime of defamation, the penalties stipulated in the range is not accurate definition of defamation. So will have to research on the scope of the punishments for crime of defamation two Angle to be and ought to be.Study of punishment scope of crime of defamation are actually from solid two directions to be and ought to be solved the problem of crime of defamation is abused, it is also the starting point of the thesis writing. Based on this starting point this article altogether is divided into four parts:the first part through the typical problems of inductive crime of defamation to find out the causes of problems; The second part is through the interpretation from solid Angle but current crime of defamation system to determine the scope of the current legal punishment of crime of defamation, namely under the condition of do not change the legislation, how to prevent the abuse of defamation; Third part by comparing the extraterritorial legislation and find out the loophole of crime of defamation, looking for crime of defamation system development direction; The fourth part is also the last part of the article is in reference to outside slander crime of defamation system on the basis of analysis the scope ought to be punished, the inheritance system of the existing reasonable ingredients and advanced experience of other country system, the punishment scope of crime of defamation redefine, and then on this basis, put forward legislation Suggestions, in order to achieve the purpose of solving the problem of abuse of crime of defamation law level.