Discussion On The Knotty Problems Of The Public Prosecution Defamation Crime

With the rapid development of Internet communication technology, network libel increasingly becoming an important social problem, and the network libel case of public prosecution and easy network caused widespread concern in public opinion, and our criminal law provisions indictable class libel imperfect, there are relevant provisions ambiguity and uncertainty, which has brought confusion to the judicial practice, it is necessary to pay special attention punish indictable criminal law of defamation. Through theoretical and defamation of an indictable class analysis of various theories, on which the corresponding conclusions difficult problems to expect better use of legal practice in the judicial process, to reduce the abuse of public power situation, it is possible more conducive to protecting the legitimate rights and interests of citizens.Firstly, the definition of an indictable criminal libel class object, by analyzing relatively simple and complex object, said object, said the advantages and disadvantages of their views, so as to arrive indictable criminal libel object class is the main benefit of public law, Private benefits supplemented complex object conclusion. This provides the basis for the foundation of judicial practice defamation distinguish private prosecution indictment class and class.Secondly, the results of hazard class libel indictment were analyzed, the results pointed out the harm is special harm results direct and indirect harm results, and stressed the direct harm results must be achieved under the premise of the case is serious, so as to ensure that citizens freedom of speech. In this section, also on the September 2013 national publication, "the Supreme Court of Law Supreme People's Procuratorate on the handling of criminal cases, the use of information networks and other applicable interpretation of slander" in respect of "serious harm to social order and national interests." the specific circumstances applicable were further elaborated explanation.Thirdly, causation indictable class defamation analysis by objective imputation in theory to carry out, respectively, from the creation of the risk of infringement of legal interests to achieve a realization of risk and risk belong to the constituent elements of the three aspects of the scope discussion, and emphasis on the impact of causal factors involved in indictable category of libel.Finally, in the form of sin defamation indictment class discussions by analyzing intent, fault, and mixed three theories sin, sin come in the form of an indictable class libel should be intentional, including direct and indirect intentional intentional, and that the perpetrator for indirect result of defamation caused harm not need to have understanding, as long as you can foresee the possibility.