| Summary: | 碩士 === 國立臺北大學 === 法學系 === 94 === Because of the uncertainties of concepts of criminal defamation, there are a lot of difficulties for the explanation and application of concepts in criminal defamation cases. For seeking the ambition that the applications of concepts can be ‘correct’ in criminal defamation cases, I discuss the explanations and definitions in academia and in judicatory from the Legal Methodology Viewpoint, and hope to find out the better explanations or definitions of the concepts.
There are six chapters in the thesis, and the main content of the thesis is abstracted as follows:
In chapter one, I introduce the motive, the method, and the range of the thesis. In chapter two, I discuss the framework of articles of criminal defamation. From the different functions of this articles, I discuss the explanation and application of concepts: in chapter three, I discuss the concepts of article 310, such as ‘private morality’ and ‘ public interest’; in chapter four, I discuss the concepts of article 311, such as ‘properly describe’ and ‘properly comment’. In chapter five, I discuss the concept of ‘reasonable grounds to believe that the statement was true’ in Judicial Yuan Interpretation No.509. As comparing with the concept of ‘actual malice’ and from the viewpoints such as the purpose of Interpretation No.509 , I discuss the explanation and application of concept of ‘reasonable grounds to believe that the statement was true’ . In the final chapter, I summarize all of the above chapters, and propose my conclusion of this thesis.
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