| There are many difficult problems in the judicial determination of the crime of libel in the objective aspect and the object of the crime.The presumption of "fabricating facts" in the objective aspect of this crime should support the view of "fabricating necessity theory";"Libelous information forwarded more than 500 times will be punished" serious circumstances should be determined to focus on the number of effective transmission of information,excluding the situation of invalid transmission;In addition to natural persons,the deceased,legal person can also become the object of this crime,government and other state organs are not the object of this crime;The mode of "spreading" confirms that the mode of "one to one" can also be the spreading behavior;In the identification of "tampering",the doer only tampers with the relevant facts and does not publish the tampering facts,so it does not constitute the crime of defamation.On the identification of joint crime,the reprinting behavior of the marketing account and the blogger may constitute a crime,and the instigation of the netizen "asking for video" does not constitute an abettor.In the identification of the unfinished form of the crime,the form of suspension and attempted thought that the constitutive elements should be adopted,and that the criminal behavior meets the conditions of the crime constitutes cessation.In the distinction between this crime and that crime,the crime of insult is direct intention,while the crime of libel has the possibility of indirect intention in addition to direct intention.The crime of false accusation and frame-up itself infringes on the normal judicial activities of the judicial organs,while the object of the crime of defamation infringes on the personality rights of individual citizens such as the right of reputation,the right of honor,the right of portrait and the normal activities of the national judicial organs. |
