Study On Power Intervene And Restrictions Of Crime Of Defamation

During the 30 years of reform and opening-up, China's national economy has been considerable development, however, reform in the social filed is still being explored, "power overshadowing law", "rule by the voice of one man alone ", " Chinese Traditional Officialdom Standard "and alike thought still has great market with respect to several our leading cadres. With the demands of various benefits, when some citizens to express their demands, it is easy to lose their emotional control and say their opinions indiscreetly, result in "angering" the local officials. Then the government authority was involved these people within calumniate.Chapter 1, this part I overviewed the topic of "private usage of public instruments" on crime of defamation filed. Take three typical cases for examples to do the analysis of"private usage of public instruments" on crime of defamation filed social harmfulness and explore the coming reasons.Chapter 2, this part I focus on representation the crime of defamation involve with "private usage of public instruments" substantive limitation. Firstly, I analysis the necessity of limitation in the phenomenon of the "private usage of public instruments" on crime of defamation filed. Secondly, the core of this chapter and this paper also, to study the standard of government interfere in crime of defamation. Analyzed the general situation of the government intervention and the definition of "serious harm to social order and national interests ".Thirdly, analyzed the standard to public prosecute of defamation the magistrate, and this kind of defamation is controversial in reality.Chapter 3, this part, I use the procedural safeguards in crime of defamation of"private usage of public instruments"restriction as the key link, picks the United States, Germany and Taiwan's crime of defamation's restriction legislation stipulation. Then analyzed reform on defamation according to the"the right to approve arrest involve with crime of defamation will higher one rank"latest released by the The Supreme People's procuratorate. Finally, I appeal for the extremely caution in the usage of arrest and the detain measures in the case of crime of defamation and try to introduced the new measures, such as positive other place to hear the case measure.In the preparation of this paper, I collected a large number of relevant cases and theories opinions, to explore the topic of restrictions in crime of defamation of"private usage of public instruments"and put forward some personal suggestions. I wish to benefit the perfection of crime of defamation and the realization of the citizen right in freedom of expression.