slander
First, the concept and its composition
The crime of libel (Article 246 of the Criminal Law) refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and damage the reputation of others, and the circumstances are serious.
1, object element
The object of this crime is the same as the crime of insult, which is the personal dignity and reputation right of others. The object of criminal infringement is a natural person.
2. Objective factors
The objective aspect of this crime is that the actor fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious.
(1) There must be an act of fabricating some facts, that is, the content of slandering others is completely fictitious. If spreading is not a fabrication, but an objective fact, even if it damages the personality and reputation of others, it does not constitute this crime. (2) There must be acts of spreading and fabricating facts. The so-called communication is the public communication in society. There are basically two ways of communication: one is text communication; The other is text, which is distributed through posters, small print posters, pictures, newspapers, books, letters and other methods. The so-called "derogatory enough" refers to the fabricated and disseminated false facts, which may completely degrade the personality and reputation of others, or have actually caused actual damage to the personality and reputation of the victim. If you spread false facts, but it is impossible to damage the personality and reputation of others, or it will not damage the personality and reputation of others, it does not constitute libel.
(3) 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. If the facts spread by the actor have no specific target and it is impossible to degrade someone's personality and reputation, it cannot be punished as libel.
(4) The act of fabricating facts and slandering others must be serious to constitute this crime. Although there is an act of fabricating facts to slander others, if the circumstances are not serious, it cannot be punished as this crime. The so-called serious circumstances mainly refer to the repeated fabrication of facts to slander others; Fabricating facts and causing serious damage to the personality and reputation of others; Fabricating facts to slander others, causing adverse effects; Defamation of others leads to the victim's mental disorder or suicide, and so on.
3. Main elements
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective factors
Subjectively, this crime must be intentional. 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. The actor's purpose is to discredit others. If the actor misunderstands false facts as true facts and spreads them, or spreads some false facts for the purpose of damaging the reputation of others, it does not constitute libel.
Second, identify
1, the boundary between this crime and public security infringement and civil infringement
The crime of libel, which constitutes the crime of libel, must be serious, while the crime of libel in violation of public security management regulations must be limited to a range that is not enough for criminal punishment. Civil reputation infringement is not only less illegal than libel and libel in violation of public security regulations, but also has the following differences: (1) Defamation must spread fabricated false facts. If you spread objective facts, it will do harm to others' personality and reputation, but it does not constitute libel. Reputation infringement, even if the content is true, will damage the personality and reputation of others as long as it is prohibited by law, and it can also constitute reputation infringement. Even the truer the facts, the more serious the infringement. For example, exposing others' privacy in order to damage their reputation, the more realistic it is, the worse its tort nature is. According to article 140 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation), disclosing and publicizing others' privacy will have a negative impact on their reputation, which is an act of infringement of the right of reputation and does not constitute a crime of libel. (2) Legal persons, groups and organizations cannot be the object of libel. In reputation infringement, legal persons, groups and organizations can all be victims. For example, spreading false news, falsely claiming that a factory's products are inferior in quality, etc. The purpose is to bring down the other side by unfair competition. Even if this behavior causes serious consequences, it can only constitute a crime of damaging business reputation and commodity reputation, but not a crime of libel. (3) Different subjective fault requirements. The subjective aspect of libel crime must be direct intention; The subjective fault of reputation infringement includes negligence. Besides, even with good intentions >>
What is libel?
The crime of libel refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and damage the reputation of others.
The crime of insult refers to the act of publicly degrading personality and damaging the reputation of others by violence or other means, and the circumstances are serious.
The difference between slander and insult: (1) insult is not fabricated, but slander must be fabricated facts. (2) Insults include violent insults, and libel does not use violent means; (3) Insult is often carried out in front of the victim, while slander is spread in public or to a third party.
What is libel? How many years do you usually get? 30 points
Defamation refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade personality and destroy the reputation of others. Article 246 of China's criminal law 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.
How to sentence libel?
1, the crime of libel refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious.
2. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever commits this crime, except those who seriously endanger social order and national interests, will be dealt with only after being told.
The so-called "handling after informing" here means that if the victim reports, the court will accept the crime of libel, otherwise it will not be accepted. "except those that seriously endanger social order and national interests", such as the death of the victim caused by slander; Causing public outrage among local people; Defaming foreigners affects international relations, and so on. If the victim does not tell or cannot tell, the people's procuratorate shall initiate a public prosecution.
How to measure the penalty of libel?
Defamation refers to deliberate fabrication and dissemination of fictional facts, which is enough to degrade others' personality and damage their reputation, and the circumstances are serious. Subjectively, the parties concerned must be intentional, knowing that they are spreading false facts that can damage the reputation of others, knowing that their actions will lead to harmful results that will damage the reputation of others, and hoping that such results will happen. Whoever slanders others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Whoever commits this crime, except those who seriously endanger social order and national interests, will be dealt with only after being told. "Handling after informing" means that if the victim reports it, the court will accept it as libel, otherwise it will not be accepted. "except those that seriously endanger social order and national interests", such as the death of the victim caused by slander; If the victim does not tell or cannot tell, the people's procuratorate shall initiate a public prosecution.
What you said belongs to the situation of notification and handling. You should sue in court.
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How is the crime of libel defined and sentenced?
First, the concept and its composition
The crime of libel (Article 246 of the Criminal Law) refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and damage the reputation of others, and the circumstances are serious.
1, object element
The object of this crime is the same as the crime of insult, which is the personal dignity and reputation right of others. The object of criminal infringement is a natural person.
2. Objective factors
The objective aspect of this crime is that the perpetrator fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious.
(1) There must be an act of fabricating some facts, that is, the content of slandering others is completely fictitious. If spreading is not a fabrication, but an objective fact, even if it damages the personality and reputation of others, it does not constitute this crime. (2) There must be acts of spreading and fabricating facts. The so-called communication is the public communication in society. There are basically two ways of communication: one is text communication; The other is text, which is distributed through posters, small print posters, pictures, newspapers, books, letters and other methods. The so-called "derogatory enough" refers to the fabricated and disseminated false facts, which may completely degrade the personality and reputation of others, or have actually caused actual damage to the personality and reputation of the victim. If you spread false facts, but it is impossible to damage the personality and reputation of others, or it will not damage the personality and reputation of others, it does not constitute libel.
(3) 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. If the facts spread by the actor have no specific target and it is impossible to degrade someone's personality and reputation, it cannot be punished as libel.
(4) The act of fabricating facts and slandering others must be serious to constitute this crime. Although there is an act of fabricating facts to slander others, if the circumstances are not serious, it cannot be punished as this crime. The so-called serious circumstances mainly refer to the repeated fabrication of facts to slander others; Fabricating facts and causing serious damage to the personality and reputation of others; Fabricating facts to slander others, causing adverse effects; Defamation of others leads to the victim's mental disorder or suicide, and so on.
3. Main elements
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
4. Subjective factors
Subjectively, this crime must be intentional. 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. The actor's purpose is to discredit others. If the actor misunderstands false facts as true facts and spreads them, or spreads some false facts for the purpose of damaging the reputation of others, it does not constitute libel.
Punishment:
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever commits this crime, except those who seriously endanger social order and national interests, will be dealt with only after being told.
What's the difference between insult and slander?
The crime of insult refers to an act that publicly insults the personal dignity of others and damages their reputation by violence or other means, and the circumstances are serious. The crime of libel refers to the act of fabricating and walking false facts, degrading the personal dignity and reputation of others, and the circumstances are serious. The crime of insult first requires insulting others by violence or other means. Secondly, the insult must be made public. Insults must be directed at specific targets and objects. In the objective aspect, the crime of libel requires the actor to fabricate facts first, and then the fabricated facts should be walking, that is, the fabricated false facts that can hurt others' personality and reputation are widely spread in society and widely known to the public. Third, the target of slander must be specific. The object of these two crimes is the personality and reputation of others. The main difference is that (1) insults are not fabricated, while slander must be fabricated. (2) Insults include violent insults, and libel does not use violent means; (3) Insult is often carried out in front of the victim, while slander is spread in public or to a third party.
What is libel?
Hello, the crime of libel (Article 246 of the Criminal Law) refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and reputation of others, and the circumstances are serious.
1, object element
The object of this crime is the same as the crime of insult, which is the personal dignity and reputation right of others. The object of criminal infringement is a natural person.
2. Objective factors
The objective aspect of this crime is that the actor fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious.
(1) There must be an act of fabricating some facts, that is, the content of slandering others is completely fictitious. If spreading is not a fabrication, but an objective fact, even if it damages the personality and reputation of others, it does not constitute this crime. (2) There must be acts of spreading and fabricating facts. The so-called communication is the public communication in society.
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What constitutes libel?
Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) peeping, * * *, eavesdropping, spreading the privacy of others.
Article 246 of the Criminal Law Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, 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.
According to the law, if you call the police, the police will accept it and impose administrative penalties. Defamation is a criminal case of private prosecution, which can be brought directly to the court.