Legal analysis
When someone is found to maliciously fabricate some facts and spread them, which has a serious impact on his reputation, he can bring a lawsuit to the court to safeguard his reputation. However, the prosecution does not go directly to court. According to the requirements of the Civil Procedure Law, corresponding materials need to be prepared. In real life, people who are sued for libel by the court are often accused of making some behaviors or remarks suspected of libel in their lives or on the Internet. At this time, there are two situations: the defendant does have the fact of libel, and the other party has sufficient evidence to prove that the defendant has libel, then the court will sentence the defendant to libel. Before prosecution, it is recommended to collect retained evidence. This can avoid the dilemma that the court cannot obtain evidence when handling it. The constitution of the crime of libel shall meet the following requirements:
1. Objectively speaking, it is an act of deliberately fabricating and spreading fictional facts, which is enough to degrade others' personality and destroy their reputation, and the circumstances are serious.
2. The object of infringement is the personal dignity and reputation of others. The object of infringement is a natural person. The actor must have the act of fabricating a fact, that is, the content of slandering others is completely fictitious. If the facts spread are not fabricated out of thin air, but exist objectively, even if they damage the personality and reputation of others, they do not constitute slander. There must be spreading and fabricating facts. The so-called communication means public communication in society. Defamation must be directed at a specific person, but it is not necessary to name names. As long as we know who the victim is from the content of libel, it can constitute libel.
3. The subject of libel is the general subject. For the general crime of libel, you need people who are over 16 years old and under 16 years old to be persons with limited capacity for civil liability. At the same time, 16 years old is also the age of criminal responsibility.
4. Defamation must be intentional subjectively. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will lead to harmful results that will damage the reputation of others, and hopes that such results will happen.
legal ground
Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
Article 210 of the Criminal Procedure Law of People's Republic of China (PRC) includes the following situations: (1) A case that was handled only after being informed; (2) Minor criminal cases proved by the victim; (3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.