A Limit To Public Power On Cases Of Libel Crime Which Refer To Public

Libel is a kind of behavior which infringes reputation of citizens and legal person. Regulation on libel action in most countries is making civil and criminal laws. Since1960s, almost all of the libel legislation initiates by civil infringement between equal subjects. Therefore, civil libel law system in most countries is generally perfect. Criminal law aims at criminalizing people who make serious infringement on people’s reputation, and give them criminal sanctions with libel crime. Libel crime is a kind of crime handle only with complaint, which calls" the crimes to be handled only upon complaint". Some country’s criminal legislation makes special libel action an exception, so public prosecution organ can initiate a public prosecution directly without the victim’s complaint. Now public power can intervene into libel lawsuit refer to public. This article mainly discusses the necessity and rationality and jurisprudence of the legislative mode of which proviso of article246of our criminal law shows that public power can intervene into public defamation cases directly. This article would analyses by those four levels.Firstly, problem raise from real cases, analysis regulations on libel action in our country, discuss the connection between libel and public power, point out the legal definition of libel crime, which includes definition of libel action, outline of libel crime, mode of relief on libel crime, and rules relevant to libel crime in proviso article246in our Criminal Law and so on.Secondly, analysis the defect of criminal legislation and the lack of application in judicial practice on libel from legislation level and judicial practice level, then make a discussion on causation of putting libel action refer to public to prosecution.Thirdly, list the legislation on libel crime refers to public in the main countries and regions, then find ways for reference and perfect by analysis the proviso in our Criminal Law.Fourthly, make a response on putting libel action into crime from cases, analysis the necessity and rationality on public power’s intervene into libel crime by reviewing the negative effects about public power intervene into libel crime which refer to public, and make a response and reflection in practice field, and make a study on the application condition, mode and time that public power can intervene into.