Article 243rd of the Criminal Law of People's Republic of China (PRC) fabricates facts, falsely accuses and frames others, with the intention of subjecting others to criminal investigation. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. State functionaries who commit the crimes mentioned in the preceding paragraph shall be given a heavier punishment. If there is no intentional frame-up, but false accusation or frame-up, the provisions of the preceding two paragraphs shall not apply.
Article 1024 of the Civil Code of People's Republic of China (PRC) enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering. Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects.
How to identify the crime of libel
(a) the object of the crime of libel, 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.
(II) Objective aspects of the crime of libel This crime is manifested in the fact 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 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.
(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.