Research On The Difficult Problems Of The Judicial Determination Of The Crime Of Libel

In modern society,reputation is very important to natural person,also good reputation is fundamental for human.As early as the western proverb says,"a good name is better than fortune",which reflect the importance of reputation.Given the importance of the reputation,legislation of all countries also conducts legal regulation to behavior of encroaching reputation.The regulation of libel action mainly embodies in the civil law and criminal law,of which the provisions of the civil law to protect reputation are various,and the rule of the criminal law to defamation mainly embodies in libel.But now reputation protection has been overemphasized during the application of libel and freedom of expression has been limited.The cause of this situation is because controversial issues exist in the judicial determination of libel.This paper expounds these issues and puts forward views and opinions of author.This paper is divided into five chapters.The first chapter illustrates the purpose of the fundamental implication of crime of defamation and criminal legislations.The author holds that there are the differences between broad and narrow sense of crime of defamation.The passage is mainly to discuss that broad crime of defamation does not involve narrow sense of crime of defamation.The passage firstly illustrates the fundamental implementation of national crime of defamation and how libel action achieves standards to constitute crime of defamation.Secondly there are a host of cases in the passage and it illustrates current applicable situation of crime of defamation.Lastly,the passage demonstrates national differences of crime of defamation in terms of legislative purposes and western countries.The purpose of legislation on crime of defamation aboard not only lies in protecting the reputation of natural man,but also maintain national stability so as to avoid social turbulence.The crime of defamation in China only protects the power of reputation and disposition of natural man.It does not consist of the power of reputation of legal man and other organizations so that the protective law of ensuring crime of defamation can lay foundations.In chapter two,from the situations of legislations about other countries (regions),the passage analyzes the differences of the national current recognition of crime of defamation and other countries and religions.Though the analytical comparisons of constituted events,defamation types,criminal objects and justifications,the passage illustrates the advantages and disadvantages of national legislation in terms of crime of defamation,further puts forward the points which China is expected to draw lessons and improve such as the explicit and severe situational standards.In addition,our nation only states which behavior constitutes crime of defamation instead of stating which behavior does not constitute crime of defamation,which we are supposed to draw the lessons from Taiwan so as to exclude which behavior does not belong to crime of defamation.In this way can the crimes be non-crime divided.In chapter three,though the problems arisen in the recognition of criminal objects,the passage puts forward the philosophy of diverse scholars with regard to the power of disposition and reputation,regarding they can not be juxtaposed.However,some scholars hold that they can be juxtaposed.The author reckons that they can be juxtaposed and we can set forth reasons and accordance and we interpret the power of reputation specifically.What's more,there have arisen deviations of the understanding of crime of defamation in terms of juridical practice,and even arisen criminal objects which people and government all think.The passage explicitly discusses whether criminal objects "others" include juridical persons and government and regarding "others" is the reason that public figures are expected to degrade its protection to demonstrate.In chapter four,the passage conducts the discussion from the signal or compound behaviors on fabrication behaviors.Some scholars hold that the fabrication behaviors of crime of defamation belong to fabrication and compound behaviors.While from author's perspective,it is single fabrication defamation,which is understood as making use of fabricated events to conduct defamation.In the passage,the author emphasizes on the fact that we should make sure the comments on the differences of defamations and views to make the subjective aspects of defamations clear.Under such circumstance,they usually are regarded as one of unclear reasons which give rise to the recognition of defamation.Furthermore,the passage specifically interprets the fabricated behaviors which the Internet defamation is set forth in terms of judicial interpretations.The author sets forth individual views and perspectives.Most importantly,about the recognition of"severe situations" it is the most important standard of being crime and out of crime.Grasping recognition standard of severe situations well is crucial point of ensuring the crime of defamations.In chapter five,the passage is based on the criminal subject of crime of defamation.It illustrates the problems of criminal subjects of different forms arising in the recognition and analyzes the reasons of problems.It also combines with judicial practice to set forth who constitutes the subjects of crime and account for reasons for specific defamations forms.Nowadays,the forms of defamation already converts from common traditional pattern of world-of-month to the new form which is with the help of media to slander others such as Internet and media and some issuers and repost.Some information in Internet defamation should have been clamed down quickly.Due to marketing company and the intervention of player T behind the scenes,it makes rumors increasingly fermented and result in an uncontrollable situation.Sometimes media aggravates a complicated situation,giving rise to a fact that the forms of defamation already have converted from oral to Internet.While the giant spreading effect of Internet and Media make damaging degrees of other reputations hard to qualify.However,the subjects of crime also are natural men.But which natural men should take the responsibility?This question is more deserted to be discussed and researched.