Research On Difficult Issues In Judicial Determination Of The Crime Of Insult

Research on difficult issues in judicial determination of the crime of insult is helpful to solve the specific problems arising from this crime in judicial practice.Objectively,it is believed that "blatant" insult should be a behavior that seriously infringement of personality and dignity in the case of the victim or the act of violating the right to reputation under the circumstances that unspecified most people know.When the actor mainly invaded personality dignity,"blatant" applicable to the "openness of behavior" theory.When the perpetrator mainly violates the right to reputation,the "blatant" applicable to the theory of "openness";As one of the means of insult,the "violence" of this crime should refer to a weak coercive force and a minor act of injury;"Other methods" mainly include non-violent gesture insults,verbal insults,verbal insults,and exposed-private insults;For the determination of the "serious circumstances" of this crime,it is believed that the standards should be determined from the two aspects of traditional space and virtual space;Regarding the scope of the target of this crime,it is believed that legal persons,unincorporated organizations,deceased,young children,severely mentally ill persons and online virtual identities can all be the targets of this crime.In terms of subjects,it is believed that in the case of "human flesh search",the initiator of "human flesh search",the main participants of "human flesh search" and the manager of the service platform can be included in the scope of the subject of this crime;In the case of "online trolls",the employers,organizers,backbone members of the "trolls" and grassroots trolls with serious circumstances can become the subject of this crime.In terms of the cessation form of this crime,it is considered that there is an attempted criminal form of this crime,and the completion of this crime is based on the satisfactory criminal intent of the perpetrator.Finally,in terms of the competition between this crime and the crime of forced insult,defamation,picking quarrels and provoking trouble,insulting corpses,bones and ashes,it is determined that there is a competition and merger,and different handling rules apply according to the competition situation.