The Analysis Of Deng Yonggu Libel Case

In recent years, it was usually reported that citizens who reflected and reported problems were detained, arrested and prosecuted because of defamation. Some of these similar cases had been identified as the wrong cases and taken off, while the defendant who was prosecuted by the procuratorial organ was convicted of defamation by the court and punished in the end in other cases. These cases show the application of defamation are not consistent in the judicial practice at the court of the nation, so the research of legislative shortcomings of defamation and judicial practice is particularly necessary.It is been studied hard to analyze and determine the applicable conditions of defamation and conditions of public prosecution through the full analysis of Deng Yonggu libel case in this paper, the author reveals legislative defects of defamation and errors of judicial practice and proposes solutions, the author uses legal theories to analyze objective elements of defamation and subjective elements of defamation, elements of object, conditions of public indictment, collect strength to study these problems that are the key evidence in the case, the burden of proof liability by Plaintiff and defendant, discrimination of legal interests of libel protection, defined public prosecution' conditions of defamation and so on. The author re-determines the liability of the defendant and obtains that the defendant is out of criminal responsibility because of subjective guilty of indirect intent and the case should take the program of private prosecution. Drawing on the foreign useful legislative experience of defamation, the author puts forward to clear the provisions of exemption of defamation, give to the defendant an effective defense, strict conditions of public prosecution of defamation, establish the system is that proof liability of the defendant's criminal intent is burdened by the plaintiff (control),change compulsory measures in a timely manner to prevent "to arrest on behalf of the punishment" and "to catch on behalf of the Correctional Services" and take other initiative proposals to improve the legislative and judicial practice.This article is divided into three parts. The author introduces the basic merits of Deng Yonggue libel case and final conclusions of the first and second instance and summarizes the focuses of controversy in this case in the first part. Through the analysis of Deng Yonggu case, the author uses legal theory to study the composition of elements of defamation and deeply analyze focuses of disputation in the second part. Through the analysis of the similar cases, the author summarizes enlightenments of law that are been led to by the above cases in the third part.