The standard of filing a case for libel

First, the standards for filing libel cases.

1, the standard for filing a libel crime is:

(1) must have fabricated some facts;

(2) There must be acts of spreading and fabricating facts;

(3) Defamation must be directed at a specific person;

(4) The act of fabricating facts and slandering others must be serious to constitute this crime.

2. Legal basis: Article 246th of the Criminal Law of People's Republic of China (PRC).

Insulting or slandering others openly by violence or other means or fabricating facts to slander others. If the circumstances are serious, they 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.

Second, what are the conditions for libel?

(a) the object of this crime is the same as the crime of insult, which is the personal dignity and reputation of others. The object of criminal infringement is a natural person.

1. There must be the act of fabricating some facts, 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 the personality and reputation of others are damaged, it does not constitute this crime;

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.

(2) The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute this crime;

(3) 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.