| Summary: | 碩士 === 開南大學 === 人文社會學院法律碩士在職專班 === 107 === Study on the Public Insult of Criminal and Civil
Judgment
Summary
The act of publicly insulting punishment is that the specific facts are not abstract,
and their contents are sufficient to devalue the social evaluation of others, and the
provisions of Article 309 of the Criminal Law must be publicly stated. However, in
criminal law and civil law, the legal protection of personal reputation is different.
Criminal law is subject to interference by state public power. Whether the victim’s
reputation is really hurt, as long as there is insult, it will determine the crime; the civil
law protection method is the victim. The damage suffered is filled by civil law to fill the
victim’s damage or return to its original state and may be required to be prevented.
Compared with Articles 18, 184 and 195 of the applicable Civil Code, Article 309 of the
Criminal Law has different purposes and scope. The purpose of this paper is to first
understand the theoretical and practical opinions of the criminal law and civil law on
public insults. Second, in order to understand and statistically analyze criminal and civil
related public insults. 3. Review the possibility of public insulting criminal law to
exempt criminals.
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