Libel And Freedom Of Expression Of The Judicial Practice

In early2012, the famous science writer and fraud fighter Fang Zhouzi publiclyquestioned the young writer han han’s early works by his father Han Renjun,which sparked aprotracted war. To the innocence, Han is with "reputation infringement" sue,but eventuallydropped the case. Fang Han contention caused great concern in the Chinese each opinionleaders and ordinary Internet users and thus there is a heated debate. In this incident, fang ishave the right to question, But Han Han also has the legitimate demands of protection ofreputation rights are not violated. All respect the freedom of expression of the state, have lawsrestricting or prohibiting defamation and insulting remarks. How to balance between libel lawand freedom of expression? Chinese both in legislation and in the judicial field is not clearlogic,Fang Han for the legal embarrassment again promote the public view.When building a modern democratic society defamation legal system, in addition to fullytake into account the protection of reputation, but also consider how to balance freedom ofexpression conflicts between.Especially in the information age, the citizen networkparticipation enthusiasm, correctly handle the relationship between the two, plays a veryimportant role in the development of China’s socialist legal construction and the harmonioussociety.This paper, in order to Fang Han contention for the full discussion points, and the lawand economics research methods to explore the relationship between the expression of libeland freedom, in order to seek the rational development of libel system path method.This paper mainly consists of three parts:The first part, the author first reviews the wars between han and fang, then the eventappeared in the "ghost" and the allocation of the burden of proof for a simple analysis, pointsout the law enforcement difficulties existing in the battle, so as to reveal the nature of theproblem is a conflict between libel law and freedom of expression, and the slander andexpression of these two concepts of freedom of interpretation.The second part, through the "Schenck v. American case","Abrams v. American case","New York Times "v. Sullivan" three typical cases to reflect America libel law changescontained in the law and economics principle.The third part, the use of economic ideas to solve the contradiction between the law ofdefamation and freedom of expression.In the market, Based on the ideas on the market, thefreedom of expression should be fully respected, but at the same time, also cannot leave thegovernment regulation, especially for the regulation of libel. Then analyses the costs and benefits of defamation, finally came to the conclusion that in pursuit of libel law benefitmaximization, should give greater scope to freedom of expression.