Path To The Mixed Ownership Reform Of State-owned Enterprises Legal Issues Research

According to Chinese criminal law definitely prescribes and at present our country criminal law educational world to insult crime objective aspects of the point of view, crime of insulting the insult must have "an affront to the objective important document elements, or do not conform to the constitutive requirements of criminal offense of insult, not insult sin. Elements are openly but insult to insult sin for elements, there are many unreasonable places. "An affront" refers to the act of overtly openly or results, at present in theory and practice are not clearly defined, there is no unified standards. Second, abusive behavior to have the overtly elements, contrary to insult sin the protection object, since the object of protection by insult sin is reputation and personal dignity, so in terms of human dignity, and do not have even insult overtly, also the infringement of the personal dignity of the victim. Our country criminal law stipulates clearly only "an affront to" insult constitute crimes, certainly will not reasonable to narrow the scope of punishment of the crime of insulting, harmful to the protection of the personal dignity of citizens,also violates the principle of crime punishment to accommodate. Overview the current research achievements of scholars to insult sin, has yet to objective aspects including "an affront to" in-depth and meticulous research, in this, the author tries to discuss it.In this paper, nearly 40000 words, consists of three chapters. The first chapter for the insult sin overview, The main use of history study, literature research and comparative research, this paper expounds the insult the historical evolution of sin and the research achievements of domestic and foreign criminal law educational world, and compares the major foreign to insult the crime of criminal law provisions of the state. The second chapter to insult sin crime constitution, This article take the four elements theory,from insult the object of crime, objective aspect, subject, subjective aspect to insult sin is studied,Expounds the:Insult to the object of crime should be dignity and reputation, and not just the reputation; What is "insulting behavior, The meaning of "the affront" and irrationality; How to define the circumstances are serious; The unitcould not become the subject of insult sin,and so on. The third chapter to insult the judicial cognizance of sin,First, the crime and is not a crime,Distinguish between insult sin and insult as provided by the People's Republic of China on public security administration punishments, And distinguish tort behavior;second, according to "criminal law amendment(9)" the latest regulation, the distinction between this crime and related charges, Including the Coercive indecency and insulting women crime, libel, Insult corpses, bones and ashes.Based on the research of the insult sin basic problem, Suggest China's criminal law to redefine the objective aspect of the crime of insulting, Delete "an affront " to the objective important document elements, pay more attention to protect the personal dignity of citizens of.