Definition And Defenses Of "Defamation Of Civil Servants"

In recent years, with the integrity of the legal system and social progress, democratic consciousness and awareness of the rights of citizens continue to be enhanced, civic expression showing the public opinion of diversification, the rapid development of science and technology, networks, newspapers, news media, mobile phone communication The mode of transmission can be widely applied. However, the citizens in the process of the exercise of supervision, not uncommon for speech crimes cases, especially in cases of "defamation civil servants" have occurred, causing a wide range of community concern and deep thinking.In judicial practice, citizens criticize the official acts of the civil service, often libel be held criminally responsible, in reality,the practice of criminal law judge, is not conducive to the citizens the full exercise of public authority to supervise.Moreover, the handling of such cases the results are often very different, highlighting the crimes of the of "defamation civil servants" finds different. Papers from the judicial practice in the real case, based on the status quo of China’s legal system, the principle of "defamation of civil servants" of crimes identified litigation channels for relief from the proceedings, in order to correct for the crime of "defamation civil servants " identified to make useful explored better balance civil protection official acts of civil servants to supervise and civil servants the right of reputation maintenance.Elaborated mainly from three parts:The first part of the awareness of the issue of defamation of civil servants’behavior, start through the judicial practice in the real case, case analysis differences, and to provoke thinking, set forth the reasons for and significance of the topic, and raised the problem can be solved. The second part of the offense of defamation of civil servants’behavior identified and elaborated the relevant provisions of the law on defamation offenses identified, including the principle of legality in criminal law, civil law, the defamation tort gross negligence attributable principle, the Constitution on the remarks a reasonable balance between the principle of the right to freedom and the right of reputation to protect speech and the basic principle of true and reasonable comments, elaborate on the revelation of "the true malicious" principle, and the principle of defamation of civil servants’behavior identified in U.S. libel law. The third part of dealing with cases of "defamation civil servants litigation relief from the status quo of China’s current legal system, litigation relief necessity of dealing with cases of" defamation civil servants, from the proceedings of "defamation of civil servants"litigation relief via identified in the case, and finally a summary of the full text, and look forward to a more complete and unified the "defamation civil servants" cases identified standard.