Research On Basic Issues Of Libel

With the awakening of the awareness of citizens’ rights, rights increasingly feelthe precious. Especially on freedom of expression, in order to balance the boundariesof freedom of speech and the right of honor, the state established in the criminal lawof libel, provide that in certain circumstances, libel "indictment". In our law, it isclear that libel is a private prosecution principle, on indictment for a crime ofexceptional. The Public Prosecution is state power in the individual citizens can notafford litigation or directly against the national interest of the premise, to startcriminal proceedings on behalf of the State Criminal accountability of citizens. Thebasic characteristics of the intrinsic properties of the author based on defamation,advocated the abolition of the indictment is the case. And combined with thecharacteristics of the private prosecution, advocates defamation becomes acompletely private prosecution charges.246of the Criminal Code on defamationprovisions in Chapter IV of the Penal Code "violation of civil rights, democraticrights crimes, the crime of the legislative mind is that the coordination between theindividual citizens of libel cases, emphasizing the personal protection of personalrights. Terms of libel indictment was incongruous with the chapter. Thus, the authora private prosecution in accordance with the return expositions libel.In addition to the introduction and conclusion, a total of four parts, each partreads as follows:The first part of the basic theory of defamation comb, and examine the relevantprovisions of the foreign libel, a comparative study.The second part introduces the legal interests protected by the defamation, rightof reputation and freedom of speech, criticism of the supervisory powers of theconflict, with emphasis on the important value of freedom of speech and thesignificance of today’s society.The third part describes some of the basic issues involving libel, to clear someof the more controversial libel issues, followed by our judicial practice indictablelibel case is abused Finally, our law the libel indictable situation one by one to refutethat libel is not suitable indictable. The fourth part is the main argument to choose the inevitability of privateprosecution for libel, first introduced the value of a private prosecution in criminalproceedings, discusses the libel with today’s emerging criminal trends of thought thesame, and came to the conclusion a case the conclusions of defamation should beonly private prosecution.