作为一家以弘扬法治为宗旨的普及性法制刊物,今天我们执行安徽省高级人民法院判决,刊登了一件因侵犯他人名誉权而导致的致歉声明。这到底是怎么回事? 税收是国家财政的命脉,是国民经济的重要支柱,依法纳税是每个公民应尽的义务,任何漠视法律、偷逃税款的行为直接损害了国家和全民的利益。 对偷逃税款这种公然与国家为敌的行为进行坚决的揭露和斗争是法律赋予每位公民的神圣权力,在大力加强依法治国的今天,偷逃税款者必将爱到法律的惩处。 正是基于以上的认识,本刊1999年第2期刊出《举报有功遭监禁,定罪无名还有理》一文,披露了安徽省宿州市一残疾人企业家雷敬新偷逃国家税款,而举报人却受到打击报复的事件。 1999年5月7日,雷以偷税罪被判处徒刑。 然而,接下来的事态发展却出乎意料,先是雷敬新等原告以侵害其名誉权为由将本刊推向法庭,索赔高达260万元。再是法院受理并经过一审和二审,判决本刊构成对雷敬新等的名誉侵权,共赔偿4.5万元。 新闻媒体因舆论监督成为被告进而被判侵权,这样的事例并不少见,综观屡屡出现的新闻官司,结合本刊这起由批评报道导致的侵权之诉,有两点值得关注: 一、报道内容基本属实,仅局部或细节的情节未被有关部门认定采信,是否构成名誉侵权? 二、立法和司法如何保护正当的舆论监督 As a popular legal publication aimed at promoting the rule of law, today we execute the decision of the Higher People’s Court of Anhui Province, publishing a statement of apology for infringing the reputation of others. What is going on in the end? Taxation is the lifeblood of state finance and an important pillar of the national economy. Paying taxes according to the law is an obligation that every citizen should make. Any act that ignores the law and tax evasion directly damages the interests of the country and the entire people. The resolute disclosure and struggle against tax evasion which is a blatant act of antagonism by the state is the sacred right of every citizen conferred by law. To vigorously strengthen the administration of the country according to law, those who evade taxes will certainly love the punishment of the law. It is precisely based on the above understanding, we published in 1999 the second issue of “meritorious detention reported guilty, there is no conviction,” a text disclosed in Suzhou City, Anhui Province, a disabled entrepreneur Lei Jingxin evaded state taxes, and reported People have been hit retaliation incident. On May 7, 1999, Ray was sentenced to death for tax evasion. However, the subsequent developments were unexpected. First, plaintiffs such as Raymond King pushed the magazine to the court for infringing upon its reputation and claimed as much as 2.6 million yuan. Then the court accepted and after the first instance and the second instance, the judgment of this publication constitutes a reputation of Raymond new infringement, a total of 45,000 yuan compensation. It is not uncommon for the news media to be accused of mediation due to public opinion, which is not uncommon. Taking a look at the frequently appearing news magistrates and combining with this issue of litigating infringement caused by criticism, there are two points of concern: First, the content of the report Basic is true, only partial or details of the plot is not recognized by the relevant departments, whether the infringement constitutes a reputation? Second, legislation and justice how to protect the proper supervision of public opinion