The Definition Of Defaming Civil Servants And The Defenses

In recent years, with the networks and the rapid development of mobile communications, the criminal cases because of speech continue to occur, causing widespread concern in the community. Citizens for criticizing the civil servants were prosecuted for criminal liability for libel, is not conducive to the exercise of citizen oversight. In practice, the processing results to different cases, indicating that the identification rules for defaming civil servants are not perfect. In order to improve the principles and recommendations in defining defamation acts, this article will be on the basis of western related theory, combined with China's actual conditions.This article concludes six parts:a foreword, four chapters and an ending. The foreword begins with a real case, and then explains the reason and value of the study. The first chapter gives definition of civil servants of china, introduces the "public officials" concept of American, and concludes that the concept of civil servants is more suitable for the judicial practice in our country. The second chapter analyzes the theory of defamation in criminal law and civil law, and describes the significance of the concept of public officials in U.S. libel law.The third chapter analyzes the theory of domestic and international civil servants defamation defenses including basically true and rational comment. The fourth chapter gives some judicial recommendations about dealing with the definition of defaming civil servants in China. And the ending sums up the whole study work of this article.