Research On The Crime Of Insult Sin

In the criminal law system of our country,the crime of insulting the spirit of light punishment as one of the few to protect the interests of citizens of the charges,though after the revision and supplementary provisions are still too simple;at the same time,in the academic and judicial practice,new problems about the crime of insulting the new situation emerged.We need to study the crime of insult seriously in respect of and protection of individual spiritual rights,and pay more and more attention to the concern of humanistic spirit in the legislation and judicial research,and respect and protect individual spiritual rights.The benefit of dignity in the crime of insulting the protection as the main line,to clarify the definition of "personality" and "personal dignity" and "reputation" and "insult" the fundamental concepts and their mutual relations;through the legislative history of the crime of insulting the review,development direction and the status of legislation of the crime of insulting the clear;trend in today's world of criminal law and in the legislation orientation,elements of the crime such as the angle of view,research results using various research methods at home and abroad of the crime of insult to sort out;re-examine the crime of insulting "object" in "openly insulting" and "plot",systematically study the relevant provisions of our country on the crime of insult,and the crime of insult there are some important problems in dispute and judicial cognizance at present are discussed.This paper argues that the subject of the crime of insult crime is the general subject;the subjective aspect of the crime should be intentional,rather than negligence;the object should be defined as the dignity and the right of reputation,infants,severe mental patients and other special people's dignity and reputation should be included,including the relationship between interests of right of reputation is dead the protectionlist,and at the same time limit special civil servants,public figures on the right;the objective aspects of behavior,by means of "flagrant" elements and serious form,among them,the "public" should be openly insulting behavior;the behavior is insulting,whether the actor has deliberately insulting others,whether the behavior has openly and the seriousness of the insult as to distinguish whether the elements constitute the crime of insult;at the same time,the crime of insulting the prosecution to the prosecution of criminal law embodies the citizens Attention to the protection of spiritual interests.