近年来,随着手机和网络的普及,《刑法》第246条和《治安管理处罚法》第25条、第42条是发表言论而受到的惩处的依据,由于这些内容在制定和执行中存在问题,从而导致了一些不当惩治公民表达权的错案的出现。这些案例中,一方的当事人往往多是权力机关或当权者,这就进一步使得关于诽 In recent years, with the popularization of mobile phones and networks, Article 246 of the Criminal Law and Articles 25 and 42 of the Law on Public Security Administration Punishment are the basis for punishing those who have made speeches. As these contents are formulated and implemented Problems, leading to some wrongdoings that improperly punish citizens for expressing their rights. In these cases, one of the parties is often the authority or authority, which further makes the slander