Legislation of defamation

Abstract: With economic growth, social development, the people of the community focus and enthusiasm to be reviewed, freedom of speech is difficult to avoid the phenomenon appears excessive speech, and some remarks affected the leadership of individual "achievement." Defamation because the Legislative defects, as a pretext for intervention of public power, which intensified social conflicts. Therefore, the perfect defamation legislation will help protect the citizens the right to exercise freedom of expression, and promote our democratic rule of Law.

Keywords: defamation, freedom of speech, legislation, Civil Law.

Early February 2009, Duan Lei to "the leadership of a provincial report written letter" and the title of the six bursts in the online content of the same post, said pArty secretary of Shandong Guo Feng Cao Zhuang Zhaizhen lot of corruption and bribery, the use of his position strong for the relatives and friends will embrace engineering, the long-term mistress, his son Mr. Kwak drug business KTV and sold drugs, prostitution and so on.

Views of its three post is not marked, and the other three combined views of 79. Post published Guo Feng reported the matter to the local police .2 8, Cao County Public Security Bureau for investigation into the case, February 25 Detention will be Lei Duan, April 4 Arrest, July 3, Cao County People's Procuratorate that posts in the local "cause a very bad influence," "seriously jeopardize the social order" on the section of Lei prosecution for alleged defamation [1] .

Defamation is something out of nothing, says that people ill, crash reputation.

"Libel" is, a long time. The original intent was to criticism, accusing the fault, there are rumors of the destruction of Zi said. <<Said Wen Tong training set sound>> statement: "boasted said slander, micro Yanyue slander, ridicule said. "You can see the meaning of slander and libel is slightly different.

Criminal Law the crime of defamation is the fact that Niezao and spread Mouxie enough Biandi personality of others, damage to reputation of others, the act serious. Violations of the object is a character and reputation of others, violations of the specific person or object is presumed to person. the objective aspect, showing fabrication and spread of certain facts, sufficient to belittle the character of others, damage the reputation of others, serious behavior, subjective personality of others have derogatory and honorary purposes. The crime is a Civil action, that is, in addition to serious social order and national interests against the defamation, but told the only treatment. However, due to defects in defamation legislation, network post, comment, or posting to report current affairs officials, this normal freedom of speech and public opinion are charged with libel cases have occurred, more behind the intervention of public power. the public security organ for investigation of detractors, the prosecution referred for prosecution, once the media exposed the case to let the matter rest. Pengshui poem, such as Chongqing, Henan Shuai and division hi according to the case, Xifeng, Liaoning Beijing police arrested women journalists the case and so on. This practice, both on the <<Constitution>> to give citizens the right to ignore the oversight, but also do not respect the Law. In this regard, in order to prevent the Leading cadres of individual criticism, accused of defamation as well as radical as the words to do crime, the Supreme People's Procuratorate will build the next higher level hospital arrest libel case approval system [2]. Therefore, I tried the constitution, legislation, Criminal Law, Criminal procedural point of view of defects in defamation legislation is proposed to improve the proposal.

First, from the constitutional level, to see the limits of free speech and defamation.

Freedom of speech is a constitutional fundamental rights of citizens, is a national barometer of the degree of democratic development. Freedom of speech is Enlightenment thinkers raised the struggle against feudalism, the bourgeoisie, after the victory of the revolution, the importance of the constitutional rights of freedom of speech .1948 on December 10 adopted by the UN General Assembly <"World Declaration of Human Rights>> Article 19 also stipulates that everyone has the freedom of opinion and expression. this right includes freedom to hold opinions without interference and freedom, and by any method regardless of frontiers to seek, receive and impArt information and ideas of freedom.

<<Civil and Political Rights>> In Article 19 reiterated <"World Declaration of Human Rights>> on the provisions of protection of freedom of speech [3]. Meanwhile, the citizens to exercise freedom of speech is also subject to certain legal restrictions. If 1949 <<Basic Law of the Federal Republic of Germany>> Article 18 prohibits any abuse of the right to freedom of expression, especially freedom of the press, education, freedom of assembly, freedom of association, communication, postal services, telecommunications secret rights, property rights and the right of asylum such as .1791 in <"U.S. constitutional amendment>> Article 1 of the people have the right to free speech. But over the years, the Federal Supreme Court interpretation of this provision: the right to freedom of expression so as not to impede the use of the provisions of other constitutional provisions limited to, any publications, print and publish and distribute speech to not attempt to subvert the government or malicious defamation of the existence of the current government is limited. freedom of speech is freedom of the spirit of Political freedom in the performance of the bourgeois revolution, freedom, equality thought to embody. freedom of speech the importance of living in the status of Political freedom, can be said that there is no freedom of speech to mention other Political freedoms. the situation of freedom of speech reflects a degree of development of the country's Political Civilization. With social progress and political Civilization the development of freedom of speech as a citizen an important part of fundamental human rights, more and more attention has been paid to protect freedom of speech has become an important part of democratic politics. freedom of speech laws in the country the meaning of the Constitution and despite differences but its core is a citizen free to express their ideas, perspectives and views.

First, China has always attached importance to protect the Constitution and the law with freedom of speech .1954, 1975, 1978 and 1982 <<Constitution>> are provided for freedom of speech rights. Citizens in the exercise of freedom of speech, you can through the press, of assembly, association, travel, demonstrations, a wide range of academic and other activities to fully express their thoughts, opinions and views. protect the citizens participate in social, political, economic and cultural activities to promote the country's democratic political and social development. Our Constitution also clearly provides freedom of speech should be exercised within the law: not to use freedom of speech to incite the masses against the government, against the State and social peace, not to use the personal dignity of others to freedom of expression to insult libel.

Secondly, the right to freedom of expression embodied in our country also focused on the citizens to supervise. Supervision is a citizen oversight activities of state organs and their staff right, "<Constitution>> Article 41 stipulates that the citizens of their right to criticize, accuse, Report the right to appeal rights, "<Constitution>> and other law also provides for a specific national staff has accepted the obligations of citizen oversight. the right to criticize is the state organs and citizens in the work of staff mistakes and shortcomings, there the right to make criticisms. proposal is the citizens right to state organs, state organs, the work of the staff the right to put forward constructive ideas. criticisms and suggestions conducive to the exercise of the right to oppose the bureaucracy and improve efficiency. against the right of the citizens of any country is agencies and national staff of the illegal acts, directed the relevant authorities the right to expose and allegations.

Report refers to the right of citizens of dereliction of duty of the state organs and staff are exposed to the relevant authorities the fact that the right to request according to the law. Right of appeal refers to the legitimate interests of citizens, made by the executive or judicial error, illegal decisions or judgments, or because of national staff of the illegal acts which are violated, the aggrieved citizens to appeal to the authorities, the right to request for reconsideration. For civil complaints, charges or report the behavior of national staff, the national authorities must ascertaining the facts, deal.

No one may suppress or retaliate. July 18 this year, Associate Professor of Journalism and Communication, Peking University, Hu Yong In "<Southern Metropolis Daily>>
The author, from the freedom of speech, the officials should not tolerate criticism, and the constituent elements of defamation and an in-depth analysis of the peer that can no longer restrict Internet users to speak for libel.

Again, the academic community generally that: statements involving public opinion, if one-sided, biased or otherwise inappropriate and should be the appropriate tolerance, the right of the relative protection of the reputation of the principal obligation, it should be an appropriate weakening. Officials and "public figures "In the modest protection of reputation back, although not yet a requirement, but the reputation of the trial judge in cases within the discretion of scale, but also reflected. citizens use the Internet to exercise their right to criticize public affairs should not be protection of the law? The answer is definitely yes. Similarly, in cases of online libel trial, it should reflect the reputation for freedom of expression and protection of the principles of balance [4]. Finally, the insults defamation and freedom of expression, although different in nature , but not as clearly divided as community Chu opposing powers, the legal extension of freedom of speech will help people to pursue these two fundamentally different concepts.

Restrictions on freedom of expression can be said that the restrictions of power and rights, and rights and powers of the characteristics of nature can be attributed to "good." Pursuit of the interests of everyone in their right mind is a reasonable and legitimate demands, but not everyone can appropriately grasp the limits of their own to pursue, and freedom of speech will certainly suffer abuse such as these: In order to pursue their own interests to others for defamation, contempt, framed, in order to achieve their sinister purposes The widely scattered rumors lead to social instability, and so on. Therefore, restriction on freedom of expression became restless factors restricting the effective means of factors but restless defamation free speech touched on the bottom line [5].

Second, from the legislative level, from the Criminal defamation should be adjusted by the change from the Civil Law.

Defamation, the intentional dissemination of false and fictitious facts, to the detriment of others, personality, reputation, serious behavior. Violation of the object is the right of other people's personality and reputation, have demonstrated for the fabrication of objective and spread imaginary facts, to the detriment of another character, reputation, serious behavior. In common law, defamation cases are heard by civil procedures. I think that to fully protect the rights of citizens to freedom of expression, by the civil law of defamation should be adjusted.

First of all, the object of defamation violated personal dignity of citizens, reputation, and its content is often related to personal privacy, violation of personal interests, the appropriate adjustments by private law, mediation by the parties themselves treated to maximize the care of each other's interests and relationships. foreign defamation law has experienced from closed to open, by the repression to democracy process. In the U.S., when Americans are the jurisdiction of the English common law, any government or government officials about the criticism, whether true or false, are malicious , inflammatory, and therefore defamatory [6]. With the social development of defamation law, began to reflect in the value of freedom of speech, civil defamation replaced the seditious libel. This means that the interests of the government and officials have a natural priority ceased to exist, 1964 <<New York Times v. Sullivan>> marks the American Defamation Law into a new orbit. United States Supreme Court affirmed freedom of expression and political criticism for the important role of democratic politics, and conferred political criticism of the constitutional protection of freedom of expression suffered further expansion of the protection. As former member of Hungary �˵�Ī���� (Peter Mol-nar wrote: "Although there are cultural differences, but the New York report in terms of principles of democratic society is important mechanism, especially for an ongoing democratic countries even more so. ... ... New York is certainly not the principle of the special report of the U.S. phenomenon, but should follow the constitutional system. "[7] Therefore, the reference and learn from the United States related to the system, is undoubtedly of great significance.

Second, the Criminal law has a complementary function. Only when the general department of law can not adequately protect some kind of social relations, was protected by the criminal law, the general department of law only when a hazard is not enough to inhibit the behavior in order to apply criminal law. For violations of civil law reputation of the right to strict disciplinary regulations made in accordance with civil law and related judicial interpretations, the violation of personal dignity and reputation of civil conduct, tort, shall stop the infringement, eliminating the effects of rehabilitation, apology, compensation for loss, In serious cases, the victim may also request compensation for moral damage, given the spirit of solatium. Obviously, the infringer to civil liability is compatible with its violations, sufficient to protect the victim's reputation and personality.

Third, the Civil Law will help protect the citizens right to free speech. Freedom of speech is a constitutional fundamental rights of citizens, but also to measure a country's democratic development an important benchmark. Of the provisions on freedom of expression, only <<Constitution> > Article 35 that "citizens of the PRC enjoy freedom of speech, press, assembly, association and demonstration." enumerated in this section six for the right to publish a <<Copyright Law ">, procession and demonstration are <<assembly demonstrations Law ">, and freedom of expression, neither the laws and regulations, the practice has no related practices. now clear that the existing law the right to freedom of expression provisions of the priority is mainly manifested in constitutional law. <<on behalf of Law" >
Article 29 provides that: "on behalf of the People's Congress meetings and vote on the floor, not dealt with." In view of the rule of law in China is not perfect at this stage, the complexity and diversity of social contradictions, the principal of equality through the adjustment of the Civil Code, better highlight the protection of fundamental rights of citizens.

Fourth, democratic political development. China has experienced more than two thousand years of feudal society is characterized by autocratic ideology of imprisonment of speech. Feudal rulers often criticized or ridiculed dissatisfied subjects, as rumors of slander, be banned or punished . Dongfang Shuo <<July remonstrance Shen Jiang>> that contains: "Masaomi end of their conduct, anti from (suffering and see the busy movement of slander." in the pre-Qin classics, defamatory or single for "slander." such as <<tube Huan Q>>
Says: "Tom has a total street court, in order to observe people slander people." In the feudal society, "defamation" of the law, fundamentally speaking, is a tool for thought control autocratic monarchy, but also a hotbed of clusters miscarriage of justice. Han Political Qin Jia Yi in the discussion at home, "II died," the reason to eloquently drawbacks: "chung admonish those that the libel, who called the fallacy of deep meter" (<<Han Yi Chuan>>, when Xuan Ming Chen Road, Shu Wen, has also been criticized for this purpose Qin Dynasty: "is the speaker that the libel, who had called the fallacy contain" (<<Han Lu Wen Shu Chuan>> [8]. Qing Shen of the law who that: Department for defamation Qin, the former ancient no [9]. Han Emperor issued an edict not be permitted to slander when the fallacy crimes. Shiyou had even ordered the Later Han Zhang Di reiterated abolition of heresies crimes. Three Kingdoms <<Wei Xin Legal>> there Article defamation, libel Wei Wendi fallacy of those who kill people, and to the whistle-blowers to the bounty. until the Sui Dynasty emperor declared amnesty Bing Shao, down Chik ministers, "the crime of defamation, Wu Fu to hear" before we can say that in essence defamation abolished [10]. Today, China's ongoing construction of socialist democratic politics, in a democracy, all state organs, political parties, social organizations, social organizations, mass media and citizens are both the main body of supervision is supervision of the object, the focus of supervision is a national law enforcement agencies and judiciary and their staff, monitoring the contents of the state administrative organs and their staff the national law enforcement and the judiciary's judicial behavior. civil governance and the media through the network to ask public opinion, is government authority of the best mode of supervision. Some scholars even believe that freedom of speech under the constitutional system should be regarded as independent of the legislative, executive and judicial powers than the fourth, which illustrates the appearance of the news media and freedom of expression in sound operation of the modern social order, the role of the mechanism, but this formulation is only fully realized in the constitutional society that makes sense. In other words, the state division of public power and checks and balances freedom of speech and press must be interaction in order to realize its value. the failure to achieve the separation of powers in society, there can be full freedom of expression, freedom of speech is a constitutional state must not lack the normal state [11].

Finally, officials of the rule of law in favor of democratic consciousness and the formation of style. As China's legal system is improving, gradually increase the legal awareness of citizens. With the development and popularization of the Internet, concerned civil society conferences and through the web site hot hot view comments , political participation, boosting the country's democratic rule of law. Officials have the right attitude, the spirit has been replaced, if any, plus the principle of Mian, to accept the legitimate from the media and public opinion supervision, strengthen and improve the working methods, effectively change the work style, increasing awareness of democracy, the strengthening of democratic decision-making and information disclosure, promote the state organs of administrative and judicial justice.

June 20, 2008, President Hu Jintao People's Network with friends through online communication, that the Internet is "doing things, making decisions, understand their needs, gathering wisdom is an important channel." According to PRC statistics, as of mid-December 2009 , People's Network "Local Leadership Message Board"
User comments have been 420,000, 38 provincial party secretary and governor, more than 90 municipal leaders to publicly respond online message, the problem is the implementation of 7000 to resolve a number of users [12].

Third, from the criminal point of view, seriously endangering public order and national interests should not become elements of the crime of defamation.

Defamation is a private prosecution, but criminal law and seriously endanger the social order than the national interest. Here, "but the book" is the legislators that the serious harm the interests of social order and national crime than areas of defamation, constitute other crimes it, or libel case of private prosecution cause of action into the watershed case of public prosecution, but left two high to be clearly the judicial interpretation of it? legislators that, where "serious harm to social order and national interests," mainly refers to the victim caused by mental disorders or suicide , defamatory diplomats adverse political impact, the defamation of the State the adverse effects of the leaders of such acts [13]. I think that is a serious element of the crime of defamation, but the above acts, but is consistent with several serious criminal cases Therefore, "but the book" the provisions of semantic ambiguity, inconsistent with the strict legislation, should be deleted.

First of all, inconsistent with a crime. Violations of criminal defamation is a personal object of the personality, reputation and objective aspects of performance for the fabrication and spreading fictitious facts, to the detriment of others, personality, reputation, serious behavior. The object of the crime is personal reputation, right of personality. judicial practice, mostly in defamation neighbors, colleagues, in most cases can be resolved through mediation. In addition, victims may be reluctant to let more people know their own humiliation, the fact that defamation If the violation of the will of the victim filed a lawsuit will have the opposite effect [14]. serious harm to national interests and social order of the criminal acts, the object of a crime or national security interests of the economic benefits and social management of paper "target =" _blank "> public management order, the objective aspects of performance as the perpetrator of the crime out of ulterior purpose, to confuse, disinformation, defamation and other means to spread false facts through social media, resulting in ethnic conflicts, social panic, triggering mass incidents , public disorder, harm national interests and security of such criminal acts, depending on the criminal purpose, may constitute a different crime. reposted elsewhere in the Research Papers Download http://www.hi138.com Second, many of China's criminal law also provides for speech-based crimes, these crimes have seriously harmed the national interests and social order. such as the <<Penal Code>> Section 106 provisions of inciting subversion of state power. the offense is a state power and overthrow the socialist system of criminal purpose in order to spreading rumors, slander or other means to incite subversion of state power and overthrow the socialist regime. violation of the object is to state power and socialist system, the performance of the objective aspect of crime is to spread rumors, slander or other means to incite subversion of state power and overthrow the socialist system behavior. as provided for in Article 103 of incitement to secession.

The crime is the purpose of inciting secession, inciting the split of the country and undermine national unity behavior. The object of the crime violated the unity of the country, the objective aspects of the performance of the inciting the split of the country and undermining national unity acts. Article 249 incitement to ethnic hatred, ethnic discrimination, crime. the offense is incitement to ethnic hatred, ethnic discrimination, serious behavior. against the object is equality among peoples, united and stable social order, and the objective aspects of the performance of the inciting ethnic hatred discrimination, serious behavior. 314 events such as Tibet, Xinjiang, 7.5 events are outside the separatist forces in fabricating facts, defame, using a variety of channels, confused lawless territory, manufacturing, violent crime, serious harm to people lives and property, an attempt to undermine national unity, the purpose of incitement to ethnic hatred. The first 373 soldiers fleeing troops under incitement to crime. the offense is to incite the military to escape forces, serious behavior. against the object is to force management order, objective aspect of inciting soldiers to escape the performance of forces, serious behavior. may also constitute a serious crime against social order, including "<Penal Code>> Section 278 provisions of incitement to violence to resist law enforcement crime. the offense is incitement to mob violence resistance to state laws, administrative regulations, disturbing social order. violation of the object is a national law enforcement order, the performance objective is to incite the masses to resist state violence, laws, administrative regulations, disturbing social order. The so-called sedition, is call to action words or words to persuade, guide and encourage others to commit a crime activities, the content must be inciting violence to resist national law, and incite the masses of objects must be. perpetrator of violence to resist the implementation of the specific national law to incite content instilled in the form of inciting the masses, regardless of whether the people were incited into practice, and shall constitute the crime. Weng'an incident, such as Guizhou, Yunnan, Menglian events, Guangdong Shaoguan events.

In these groups behind the events, often lawless elements for various purposes, and deliberately hide the truth or exaggerate the facts, publish or make sensational events, inciting mob the masses know the truth, to profit. May constitute the Criminal Law Amendment case (under Article 8 of the three fabricated, deliberately spreading false information about the crime of terror. The threat of crime is made up explosive, biological and chemical threats, radiological threats, and terrorist information, or knowingly and deliberately fabricated terrorist information dissemination, seriously disrupting social order behavior. violation of the object is a normal social order, and the objective aspects of the performance of the fabricated explosive threats, biological and chemical threats, radiological threats, and terrorist information, or knowingly and deliberately fabricated terrorist information dissemination, seriously disrupting social order. such as the 2009 7 23, Qi County, said the Internet had "nuclear leakage", leading to listen to rumors of Qi County public were "flight" events [15]. Therefore, the above analysis, we found that the crime of criminal law, behavioral people have taken something out of nothing, fabricating facts to fiddle with the means of right and wrong, crimes against the national interest or social order, resulting in a serious political influence or social consequences, but crime is not intended to harm the reputation of another person or personality, so it is not constitute libel. In other words, the kind of damage to the aforementioned personal reputation and personality rights, defamation is not up to serious harm to national interests and social order crime scale.

Again, contrary to the principle of guilt Suiting. Guilt punishment fit the basic meaning of the principle is: how committed the crime, how much should bear criminal responsibility, the court should impose the corresponding penalty weight, to achieve a felony subject to heavy penalties, light Zuiqing fine, penalty when the severity of the offense, crime, proportionality. criminal defamation is a light punishment, it is not harmful to society. Penal purpose of the legislation is to sanction those "to affront or violence or other methods of fabricating facts to slander others, serious "behavior, Zui Gao Fa Dingxing for three years in prison, and serious harm national interests and social order are often refers to the crime, the crime especially serious or harmful consequences enormous act according to the criminal law should be severely punished, apparently Bushi Yi defamation sentencing range of three years. Compared to other private prosecution of crime, such as violence, crime of interference in the freedom of marriage, maltreatment, criminal sentences are provided for two tranches, of which the following sentence is two years of private prosecution, more than two years is a case of public prosecution, which consistent with the characteristics of private prosecution, without causing serious crimes go unpunished. The provisions of such defamation is not conducive to the operation of judicial practice, to the detriment of law enforcement authority and seriousness that affects the exercise of basic civil rights.

Fourth, from the level of criminal proceedings, defamation cases as the prosecution case should not be handled.

In recent years, with the rapid economic growth, rapid social transformation, cultural collision of ideas, interests demand imbalance, caused some citizens to express their demands through the media, because of certain phenomena, or there is a view of local leaders , inevitably words extreme, even the phenomenon of physical attacks, but this does not become an excuse for intervention of public power, because it affects only the image and performance of individual leaders, no serious harm to public order and national interests. in accordance with the Code of Criminal Procedure provisions are to be handled defamation cases. so-called "to be handled" means the victim to be handled, such as due to coercion or intimidation can not tell, the People's Procuratorate and the victim's close relatives can tell. But I think libel, not as the prosecution case, only the case should be handled as a private prosecution.

First, contrary to the principle of equality before the law. Defamation only in serious harm to the interests of social order and national circumstances, to become a prosecution case. Indictable cases a private prosecution, which means a serious crime and social harm, the victim simply by not enough to defend the prosecution of criminal damage caused by acts of legal interest, only by the prosecution on behalf of the state prosecution of crime. Although the statutory punishment for defamation has not changed, but the public prosecution and private prosecution cases, the results of different trials, in the case of private prosecution, the parties are penalty penalty cases often lighter than prosecution, so it may result in different sub-co phenomenon resulted in the clear between the parties of unequal treatment.

Second, contrary to the principles of filing jurisdiction. The general crime of defamation, both criminal is to be handled only by the victim to decide whether to prosecute, but also directly by the people's court hearing the case. That the party has evidence to prove their reputation, Personality by the other violence or other forms of insult, slander, direct to the people's court, the People's Court accepted the case will be sanctions for defamation, if the parties did not tell the court can not take the initiative to trial the sanctions defamation, the public security organs and people Procuratorate no right to intervene or registered under the jurisdiction and oversight.

Again, not temper justice with mercy in the implementation of criminal justice policy.

Crime of defamation as a light punishment, the maximum statutory sentence of three years in prison.

Code of Criminal Procedure provides private prosecution case, is to ask the judicial use of limited judicial resources to crack down on serious harm to national interests and public order crimes, a number of cases is not harmful to society, by the parties to handle, which is aimed at protecting national interests, social interests, to maximize the protection of victims and other legitimate rights and interests of individuals. If the private prosecutor handling the case as the prosecution case, only increasing the judicial costs, but also a violation of the criminal policy of combining punishment with leniency.

Finally, is not conducive to calm the dispute, resolve conflicts, build harmony.

Private prosecution is the biggest characteristic of the equal legal status of the parties, the two sides can settle on their own, but also mediation under the auspices of the court, in consultation with the extent permitted by law, exempt from the responsibility of one party to minimize community opposition to resolve the grievances of both sides, quell conflicts, and eliminate inharmonious factors, promote social stability. If you resort to civil rights, is not conducive to resolving disputes, easy to make simple and complex events, exacerbated the conflict between the parties led to the escalation of events, leading to petition cases involving law increased.

Therefore, "<Penal Code>> Section 246 should be amended as follows: to violence or other methods affront others or fabricating facts to slander others, in serious cases, imprisonment, criminal detention, public surveillance or deprivation of political rights. This crime, handled only upon complaint.

References:
[1] Jiang Jinming. "Cao quote the case." Why has heard "net witch-hunting" [N] Xinhua Daily Telegraph .2009-07-25 (3.

[2] Dan Xu day. Zuigao Jian libel cases will be established next higher level hospital arrest approval system [N]. Procuratorial Daily .2010-08-09.

[3] CASS Institute of Law <<Law Dictionary>> Editorial Committee eds.'s Law Dictionary [M]. Beijing. Law Press .2003:1727.

[4] Richard Winter sign. Freedom of speech and online defamation [J]. .2001 Global Law Review, (Spring: 69.

[5] Wang Jun. Of your country's not free free ends --- Case from the United States Constitution limits the theoretical basis of freedom of expression and logical approach [J]. The legal system and social .2006, (17.

[6] Zhang Xi. The United States the development of public defamation law and the expansion of freedom of expression [J]. Sichuan Institute of Technology (Social Science, 2007, (2:15.

[7] PeterMolnar. "'... Without uncertainty, compromise and fear,' or Should the NewYorkTimes Rule be Introduced in Hungary?" 15 workingPaper Series [M]. The Joan Shorenstein Center of Harvard College on the Press, Politics andPublic Policy 1 ( 2000:11.

[8] Yi Li Wei. Han scholar of "defamation" charges of the constituent elements [J]. Academy of Social Sciences Institute, 2007, (7:25.

[9] Pan Liang Chi. Rise and Fall of Ancient Time of defamation [J]. Daxian Teachers College (Social Science .2005, (6:32.

[10] CASS Institute of Law <<Law Dictionary>> Editorial Committee eds.'s Law Dictionary [M]. Beijing. Law Press .2003:402.

[11] Ji Yuquan. Constitutionalism in the fourth power: the right to freedom of expression --- the right to freedom of expression in the French constitutional system, the positioning of its investigation [J]. News Knowledge .2005, (2:23.

[12] Hu Kangsheng, et al. PRC Criminal Law Interpretation of [M]. Beijing: Law Press .1997:351.

[13] Wang .2009 democracy than learning new highlights [N]. Daily.

2009-12-23 (17.

[14] Zhang Mingkai. Criminal Law [M]. Beijing. Law Press, .2003:
717.

[15] Southern Metropolis Daily. "Qi who worry cobalt," The Great Escape is a rumor fermentation punishment. Xinhua Daily Telegraph [N] .2009-07-25 (7. Links to Research Papers Download http:// www.hi138.com