The Question Of The Boundary Of Libel

Libel structure in the criminal law in a "heavier than mount tai" or "light as a feather",said the "light as a feather",because it as a crime need to sue in person(exclude involves the interests of the state public prosecution case),under article four hundred of criminal law crime,criminal responsibility shall be generally lighter,punishment shall be sentenced to fixed-term imprisonment of not more than three years,criminal detention,public surveillance or deprivation of political rights.Compared with other charges those may endanger life,also has been in a tepid condition;Said the "heavier than mount tai",the legal interests it protects are inviolable for anyone as stipulated in the constitution.As a prohibitive provision of defamation,it has the dual protection of the constitution and the department law,while the freedom of speech only has the general protection of the constitution.At present,domestic scholars have various and profound jurisprudence or constitutional analysis on freedom of speech.,freedom of speech has always been a hot topic in the research of constitutional scholars and jurisprudence scholars,and they attach unprecedented importance to freedom of speech.As a crime closely related to the freedom of speech in the constitution,the crime of slander should arouse our attention and discussion.From the view of the freedom of speech,researching on defamation,has the following significance:first,to determine the range of the type of speech and freedom of speech is advantageous to nationals exercise their freedom of speech correctly.Guaranteeing the exercise of freedom of speech in certain scope,can not only ensure the freedom of the constitutional rights of citizens,at the same time can guarantee the citizens to exercise the freedom not excessive invasions on the rights of others.Second,defining the relationship between speech and criminal law and crime,the cognizance of several important direction for libel border issues,thorough analysis for the law enforcement organs,especially the public security and judicial organs to provide a theoretical guidance,is conducive to the public security judicial organs correctly the rights of citizens lawful exercise to infringement,the boundaries between the crime,prevent abuse of power due to unclear boundaries.Thirdly,by comparing the foreign approaches and value choices to this issue,this paper puts forward some suggestions to better solve the conflict between the interest of the law on libel protection and freedom of speech.By combining freedom of speech with criminal defamation crime,this paper reflects on how to define the boundary between freedom of speech and defamation crime in our current situation.The author will start from a more comprehensive perspective,in-depth discussion of the tension between the two,and strive to present unique insights different from othersThe first part introduces the cases concerning libel and freedom of speech,discusses the current situation of the contradiction between libel and freedom of speech,introduces the problem,foreshadows the discussion topic of the article,and lays the writing background of the whole article.The second part aiming at the questions raised in the first part,makes a general analysis of the subject terms involved,and understands the basic concepts and basic values of libel and freedom of speech.Third section for abroad especially for libel Britain,freedom and democracy the city of the United States(which focuses on the famous New York Times v.Sullivan in the judge's value choice and tendencies)and the Taiwan area of our country under the rule of law principle,compare the conflict in both processing measures,in order to better resolve the tensions between the two at the present stage in China to provide the reference content of feasibility.The fourth part starts with the discussion on the confused parts of the law,and further clarifies the constitutive elements of the crime of libel,especially the boundary issues such as the object of the crime of libel,crime and non-crime,public prosecution and private prosecution,which are widely discussed in judicial practice and academic circles.In the fifth part,after analyzing the problems and clarifying the ambiguity of the boundary of libel,and put forward the feasibility of the balance pair.