China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPP Issues 34th Batch of Guiding Cases on Criminal Protection of Personality Rights

Mon, 04 Apr 2022
Categories: China Legal Trends

On 21 Feb. 2022, the Supreme People’s Procuratorate (SPP) has released the 34th batch of guiding cases during a press conference. The newly-released five guiding cases mainly focus on the criminal protection of personality rights including online humiliation, defamation, and infringement of personal information.

Article 246 of China’s Criminal Law stipulates that the crimes of humiliation and defamation shall be handled only upon compliants, except where serious harm is done to public order or to the interests of the State. For example, where the victim files a complaint with the people's court on the commission of the conduct of humiliation or defamation through the information network, and it is indeed difficult to provide evidence, the people's court may require the public security authority to assist.

Prosecution Cases No. 137 shows that online defamation can be spread widely causing serious damages and it can be difficult to eliminate the impact. The victims are often faced with dilemmas of providing evidence and defending their rights. Relief can hardly be realized through private prosecution.

Therefore, if online defamation brings harm to the public interests of society, then the public prosecution procedure should be appropriately applied, which means that the public security authority should carry out an investigation and the people’s procuratorate should file criminal charges, so as to make up for the incapability of the victims.

 

 

Cover Photo by Vincent Tint on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

Beyond the Memorandum: Shanghai Court Enforces Singapore Judgment by Confirming “Reciprocal Consensus” Under China’s New Framework

On January 8, 2025, the Shanghai International Commercial Court recognized and enforced a Singapore High Court monetary judgment in Zhao v Ye (2023) Hu 01 Xie Wai Ren No. 28. It marks the first judicial confirmation of “reciprocal consensus” between China and Singapore under the 2022 reciprocity criteria, based on the China-Singapore Memorandum of Guidance (MOG).

SPC Issues New Rules for Government Information Disclosure Cases

In May 2025, China's Supreme People's Court (SPC) issued a new judicial interpretation, replacing its 2011 predecessor to standardize adjudication of government information disclosure cases and safeguard citizens' right to know by clarifying trial standards, defendant identification, burden of proof, and preventive relief.

China's Top Court Releases Minor Protection Cases

China's Supreme People's Court (SPC) released five typical cases to strengthen holistic judicial protection for minors, exemplifying the "best interests of the child" principle through integrated criminal, civil, and administrative proceedings.