Judicial Finding Of Libel

In recent years,as the problem of online defamation becomes more and more prominent,Chinese scholars have carried out a heated discussion on defamation.This paper attempts to explore the existing disputes and difficulties in the objective aspects(mainly objective behavior and object of behavior),subjective aspects(intentional)and the determination of serious circumstances in the basic problems of libel.In the identification of objective behavior,the content of the behavior should be based on false facts and have certain credibility.Meanwhile,the necessary condition is to damage the reputation of the specific object.The dissemination of the real facts that damage the reputation of the specific object does not belong to the category of defamation.The mode of behavior should be identified as a single spread behavior,and the behavior characteristics should be overt.In the identification of the object of behavior,the libel of public officials should be distinguished from the libel of public acts and personal life,and the libel of public acts should be reduced.The dead can be the object of the crime.In the determination of subjective intention,the forms of this crime should include direct intention and indirect intention.The process of determining that the subject with only spreading behavior has libel intention is as follows: at the level of cognition,it examines its objective performance and presumes whether it is aware of the falsity of facts;At the level of the will factor,the unintentional mentality can be excluded on the basis of "knowing" and spreading behavior,and then in the way of "objective inference subjective",through the external performance of the doer in a specific case to its "hope" to have the psychological consequences of damage and reputation to be evaluated comprehensively.If presumption can be made,direct intention is established;On the contrary,the existence of indirect intent can be determined.In the identification of "serious circumstances",we should adhere to the principle of consistency between subjective and objective for comprehensive analysis and judgment,and put an end to the phenomenon of identifying crimes only by quantitative standards.In the identification process,we need to consider the scope of transmission,possibility of recidivism,subjective malignancy,damage consequences,etc.,according to the specific circumstances of the case.