Public insults, slanders, silly and unclear?
Public insults and defamation are the contents of the sin of sin in the twenty-seventh chapter of the Criminal Law. The public insult is stipulated in Article 309 of the Criminal Law: “I publicly insult, criminals or fines of less than 300 yuan. II. The guilty person shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or a fine of not more than 500 yuan.
The provisions of the defamation are in Article 310 of the Criminal Law: “I intend to spread to the public, and accusation or narration is sufficient to damage the reputation of others. At the time of imprisonment of one year or less, criminal detention or fines of up to 500 yuan. II. Those who confess the words and pictures in the previous article shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine of less than one thousand yuan. III It is not punished to prove that it is real. But it is not limited to those who are not related to the public interest.”
But what is the difference between the two? Let us give a simple example to easily distinguish.
Example 1: What is the similarity between a certain A’s claim to the appearance and behavior of a certain B?
Example 2: A certain company claims that a certain B is engaged in the work of the Cowherd. Can you detect the difference between these two examples?
For example, what kind of dressing and behavior “should” is the way the cowherd looks. There is no certain standard. If this is said, it is like a swearing, just like the swearing three characters and greeting the ancestors of the eight generations.
Example 2? Ming refers to the work of others in the work of the cowherd. This is a “can be verified” fact that exists and can prove the truth. Of course, whether it is blatant insult or defamation, there must be a premise that the said things are words or facts that the general public thinks are not good and are unacceptable. However, in such a situation, there is such a performance, and the average person’s reaction to certain words will affect the judgment of the judge; therefore, sometimes some judgments will cause controversy and discussion. The reason is here.