1, the objective performance is different. Insult, use violence or other means to publicly insult others. Slander or fabricate facts to slander others. The object of the crime of insult and slander is a specific individual;
2. Different modus operandi. The former is conducted in public, including possible violence, while the latter can only be conducted in words and words. The former does not need the process of fabricating facts, as long as there is a blatant insult, while the latter must have two acts of fabricating other people's facts and publicly spreading them;
These two forms are different. Insult is not fabricated, slander must be fabricated facts.
Defamation refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and reputation of others, and the circumstances are serious enough to constitute a crime.
The constitutive elements of the crime of libel are as follows:
1. Object elements: The object violated by this crime is the same as the insult crime, which is the personal dignity and reputation right of others. The object of criminal infringement is a natural person;
2. objective factors. The objective aspect of this crime is that the actor fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious;
3. Subject elements: the subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. The unit cannot constitute the subject of crime;
4. Subjective factors. Subjectively, this crime must be intentional. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will lead to harmful results that will damage the reputation of others, and hopes that such results will happen. The actor's purpose is to discredit others. If the actor misunderstands false facts as true facts and spreads them, or spreads some false facts for the purpose of damaging the reputation of others, it does not constitute libel.
legal ground
Criminal law of the people's Republic of China
Article 246 The crime of insult and slander publicly insults others by violence or other means or fabricates facts to slander others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.