CAJ | 학술논문

秦朝时期，诽谤罪的基本内涵是指“非上”，即对以皇帝为首的当政者人身或其言行的非议。两汉诽谤罪的对象有所扩大，定罪多不依法律条文而依据统治者的意志；处罚措施因为客体的不同而呈现多样化，这反映了随着君主专制的强化，法律条文更加细化，法网更密但君权高于法律的情况日益严重。
진조시기，비방죄적기본내함시지“비상”，즉대이황제위수적당정자인신혹기언행적비의。량한비방죄적대상유소확대，정죄다불의법률조문이의거통치자적의지；처벌조시인위객체적불동이정현다양화，저반영료수착군주전제적강화，법률조문경가세화，법망경밀단군권고우법률적정황일익엄중。
During Qin Dynasty ,crime of defamation was directed against emperors ,including emperors themselves and the emperor-led administration .In West and East Han Dynasty ,more people became the targets of defamation .However ,defamation was decided not according to laws but according to the will of rulers ;penalties vary from people to people .It reflected an increasingly serious fact that monarchs were above laws although the laws were enforced and more rules were enacted .