The Practice of Fair Comment of the Article 311, Section 3 in the Criminal Law
|關鍵字:||名譽權;言論自由;善意適當評論;合理評論原則;the right to reputation;freedom of speech;principle of fair comment|
The defamation in the criminal law claims balance as well as defense in order to protect freedom of speech. There exists high extension between the right to reputation and freedom of speech, and the interpretation of the terms in the acts is very abstract. Accordingly, the terms apply to fact of individual case result in many differentiations. After the J. Y. Interpretation 509 has been issued, many dissertations respecting Truth of Justification were published by scholars and researchers. Another subject, however, in regard to fair comment is less studied. This thesis deliberates from the basic characteristic of speech, and furthermore classifies speech into three different categories: Abstract Abuse, Statements of Fact, Expression of Opinion. The Statements of Fact is to fulfill justification by means of defense of truth; Expression of Opinion is to fulfill by means of fair comment. With regard to Abstract Abuse, neither defense of truth nor fair comment apply to fulfillment of justification. This thesis researches the fundamental subjects of fair comment including applied codes, theoretical definition, relations to defense of truth, consideration of the comment, applied procedure; moreover, studies issues raised in real practice through empirical research on cases. Also, this thesis set forth suggestions and recommendations to legislations and expects to build criteria between the right to reputation and freedom of speech.
|Appears in Collections:||Thesis|