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Judical Application of Defamation under the Context of Law

Author: ZuoXiaoLi
Tutor: ZhangShaoQian
School: Shanghai Jiaotong University
Course: Legal
Keywords: Libel Freedom of speech Democracy and the rule of law Judicial determination
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
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Abstract


Several defamation cases occurred in recent years suffered defamation against the object that is the particularity of the \People have to think about the argument sound: \criminal law applies is bound to certain restrictions on the freedom of expression of citizens. Freedom, full freedom of expression is a means of citizens to exercise democratic supervision, is also a lively, necessary for the construction of a harmonious society of democracy and the rule of law. However, the citizens due to the criminalization of free speech cases have occurred, making great disharmony libel applies to the status quo, and our pursuit of democracy and the rule of law, defamation become weapon against freedom of speech. In order to ensure the correct application of the libel in the context of the rule of law, it is necessary to think libel applies for judicial practice to determine viable defamation identified standard. Our existing articles writings are mostly from the height of the theory of libel elaborate analysis, libel justice application less. This paper attempts to start from the honorary rights conflict with the right to freedom of expression, strive to explore the path to resolve the two conflicts, in order to protect the libel in the correct application of the judicial practice. This paper is divided into four chapters: the first chapter, libel applicable in our current situation. First summarizes the recent years many people draw libel case for speech crimes, abuse phenomenon exists in our current judicial practice; then abuse libel. The second chapter discusses the right of reputation and the right to freedom of expression. Overview first right of reputation and the right to freedom of expression; then a conflict exists between the two, see a foreign judicial practice approach to resolve the two conflicts; final between me how to solve our right to freedom of expression and the right of reputation conflict were discussed. Chapter III of the elements of the crime of libel. From the object of the crime, the objective aspect of crime, crime constituent elements of the subjective aspects of libel defined. Chapter 4, the judicial application of the rule of law in the context of libel to make a few suggestions.

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