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Defining Citizens’ Constitutional Rights to Supervision and Its Implications for Criminal Law(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2013年06期
Page:
38-46
Research Field:
Publishing date:

Info

Title:
Defining Citizens’ Constitutional Rights to Supervision and Its Implications for Criminal Law
Author(s):
HU Jie HAN Yu-sheng
Keywords:
supervision rights reason for exemption from punishment allowed dangers
PACS:
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DOI:
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Abstract:
Article 41 of the Constitution provides that “there should be no fabrication or distortion of facts for false accusation”, and as the specification of this constitutional spirit, the criminal law has the corresponding provision to define the crime of “fabricating facts to slander others”; the burden to prove the truth of the accusation put citizens’ freedom to exercise their supervision rights under unnecessary restrictions. The criteria for incriminating the constitutional supervisory speech action should be distinguished from those for incriminating the ordinary speech action. The speech made for exercising constitutional supervision belongs to the “allowed dangers” in the criminal law; when the necessary obligations are fulfilled as a prerequisite, the speech should be exempted from legal punishment.

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Memo:
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Last Update: 2013-11-25