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  • 學位論文

妨害名譽刑事判決影響因素及民事賠償類型之分析

An Analysis of Factors Affecting Criminal Verdicts for Offenses Against Reputation and Types of Compensation for Civil Cases

指導教授 : 孟維德
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摘要


人口膨脹的時代,人與人之間的接觸機會很高,產生摩擦的機會也相對增加。加上近年臺灣社會充斥著一股對立的氛圍,大家似乎喜歡以「罵來罵去」作為一種溝通的方式,所以有時只需輕易地開口,配合上不理性的情緒,也不用藉重工具,便很容易觸法。有時人們不用直接面對面接觸,只需透過公開的網路平台,在鍵盤上按幾個按鍵,藉由文字的傳送,也能輕易地犯罪。尤其是在這網路愈來愈發達的年代,妨害名譽的案件似乎有逐年增加的趨勢。 本文藉由文獻資料及次級資料的蒐集,整理並分析同時涉及刑事妨害名譽罪及民事侵害名譽權之七十八件案件之民、刑事判決書,以案件數與案件數所佔百分比來表現刑法第五十七條之論罪科刑因素對判決結果之影響程度,並透過案件判決之觀察,了解妨害名譽案件判決呈現出之現象面及整理學說上民事妨害名譽事件中,法官判決補償之類型及分析實務上實際的救濟態樣。 經由觀察與分析妨害名譽案件,從妨害名譽之民事、刑事及學說與實務之不同面向,歸納出妨害名譽刑事判決影響因素、呈現之現象面及民事救濟之態樣,最後並給予實務上幾點建議:關於妨害名譽之民事判決結果,其救濟態樣是否能更多元?刑事妨害名譽罪是否應予除罪化?或者,是否引入修復式正義之概念,將妨害名譽事件納入民事訴訟法第四百零三條之強制調解事項?

並列摘要


At a time of dense population expansion, people have very high chances of being in very close contact, thus, the chances of having quarrels or arguments also go up. In recent years, with an atmosphere of confrontation permeating Taiwan's society, everyone seems to communicate with each other by "scolding", hence, people breach the law easily just by speaking with irrational emotions without any bases. Sometimes people do not even have to have direct face to face contact. Just like an open network platform and by pressing a few keys on the keyboard transmitting a text message can easily make you an offender. This is true especially in this era where the Internet has become very popular and the cases arising from offenses against reputation appear to be in the upward trend. This article, with its literature review and collection and compilation of secondary data, as well as observation and analysis of those verdicts involving seventy-eight cases both criminal and civil cases as to offenses against reputation, is intended to organize the judges’ factors to the constitutionality of the guilty cases. This study will analyze the degree of the sentencing process in criminal law §57that affect the verdicts and use the percentage to express. By observing the criminal verdicts, it may be possible to understand the phenomenon presented in the verdicts of cases regarding offenses against reputation. The types of compensation awarded by the judges were compiled for civil cases as to offenses against one’s reputation based on the theory and actual relief. Through the observation and analysis of cases as to offenses against reputation which ranged from various aspects of civil, criminal and theory along with practices, the factors affecting criminal verdicts as to offenses against reputation, the phenomenon presented and looks of relief in the civil cases were summarized herewith. Several advices regarding the practices were suggested. As to the verdicts for the civil cases of offenses against reputation, will there be more forms of relief in different forms? Should crimes involving offenses against reputation be decriminalized? Or, is it about time to introduce the concept of restorative justice and to include such event into the mandatory mediation as provided in Article 403 of the Code of Civil Procedure?

參考文獻


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