Analysis On Judicial Determination Of The Crime Of Insul

In today’s social background,good reputation and personality are important guarantees to maintain good interpersonal relations and stable social order,so citizens pay more and more attention to the right of reputation and personal dignity.Insult crime is particularly important to protect such legal interests under our criminal law system.However,because the word "insult" itself is rich in certain value judgment,the crime of insult in the form of simple crime description,in different occasions,under different backgrounds can make different interpretations,resulting in a certain difference in the judicial organs of the crime of insult cognition.It can not achieve the purpose of standardizing the conviction and sentencing of the crime of insult,nor is it conducive to the protection of the rights and interests of victims.Therefore,starting with judicial practice cases and using the means of case study and analogy analysis,this paper systematically expounds the relationship between "overt" and "insulting" elements in the crime of insult as well as its judicial determination."Overt" and "insulting" should mean that the insulting behavior is in a state that is not specific or known to most people.At the same time,the essential difference is made between general insult to women and compulsory insult to women.Compared with general insult to women,compulsory insult to women has more obvious violation of sexual rights,and the violation of legal interests of compulsory insult to women is women’s sexual autonomy and sexual shame,while the legal interests of general insult to women are centered on reputation.In order to provide a strong reference for judicial organs to carry out practical activities.