Study On The Determination Of Crime Of Defamation

Libel in the entire criminal credits which belong to the lighter charges in the theoreticalaspects of its research is relatively scarce and scattered. But it is such a small petty crimes inthe Criminal Code charges the family in the practice, often abused. The importance ofdefamation is that it is a reasonable balance between citizen the right of reputation and theright to freedom of expression a crime, when the reputation of the citizen’s freedom of speechand the government and its staff conflict, libel has become a balance of state power andcitizens kind of protection of private rights. Judicial practice, which some citizens ofreasonable speech and fair expression of aspirations, but for no reason to become a publicauthority the right to build object of the crime. Whether the boundaries of libel incriminate?The dissatisfaction structure of government action and leadership does not constitute libel anddefamation, or to what extent? Pursuant to this article has done some research.The full text is divided into four partsThe first part is an overview of the libel, including the Analysis of the concept fordefamation, libel incrimination based on the concept of the Theoretical Analysis and libel. Fordefamation, the concept and the concept of defamation of systems analysis is an accurateunderstanding of defamation and finds that the premise of the defamation. The setting of thelibel is to balance the needs of the citizens of the right of reputation and the right to freedomof expression, protection of the right of reputation and reasonable regulation on freedom ofexpression is the legislative basis for libel.The second part is Important Constituent Identification of libel. Analysis accuratelyidentified the basis of libel incriminate Elements of defamation, libel is different from othercriminal standard.The third part is identified indictable standard for defamation. This section is the focus ofthis article, indictable standard for defamation identified fuzzy which judicial practice, free toexpand the scope of the case of public prosecution for the crime of power made possible. Inaddition, government agencies and their staff for defamation should have a broader tolerancefor the behavior of citizens’ legitimate speech should be protected.The fourth part is the backdrop of some predictions for the future direction of China’slibel decriminalization movement flourished in the global defamation, combined with China’s specific national conditions, and current do not have the conditions for the abolition of thelibel, but the introduction of "public figures "principle, by relaxing the protection of the rightof reputation of the government officials in order to achieve the purpose of the citizens andthe media a greater degree of participation in public speech.