Is it illegal for WeChat to talk privately?

If it is one-on-one news, others don't know, and neither the public security organ nor the court will file a criminal case. In this case, the name-calling person did not cause the reputation right of the scolded person to be infringed, and the victim can often deal with the matter by blackmailing the other party.

If you publicly swear through group chat, friends circle, etc. , you can ask the public security organ to file a case. If the circumstances are serious, you can tell the relevant departments and investigate criminal responsibility.

Swearing is insulting others, which is immoral. Abuse in public is illegal and should be punished by public security. If the circumstances are serious, it constitutes a crime.

The crime of insult refers to the act of publicly degrading personality and damaging the reputation of others by violence or other means, and the circumstances are serious.

The boundary between lawful behavior and insulting behavior;

It is necessary to draw a clear line between proper public opinion supervision and verbal insult; Draw a clear line between proper writing and degrading personality and reputation; Draw a clear line between the assessment, evaluation, appraisal and insulting behavior of the unit to which the parties belong according to their functions and powers; Reflect, report and expose immoral behavior, illegal behavior, criminal behavior and insulting behavior to the relevant departments through legitimate channels, and draw a clear line; Draw a clear line between well-intentioned criticism, including criticism of state functionaries and leaders at all levels, and malicious insults, and so on.

The boundary between civil tort and insult and insult crime;

The difference between the two is that:

The severity of (1) behavior is different. What constitutes the crime of insult must be "serious" behavior; According to article 140 1 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation), the insult in civil tort is limited to the insult that "causes certain influence".

(2) The objects of behavior are different. The object of insult crime can only be a natural person; The object of civil tort and insult can be a legal person. Article 10 1 of the General Principles of Civil Law stipulates that "legal persons enjoy the right of reputation": "It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering." The second paragraph of Article 140 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law stipulates: "Whoever slanders or slanders another person's reputation in written or oral form, thus causing damage to the legal person, shall be deemed as an act of infringing the reputation right of another person." Insulting the reputation right of a legal person can constitute a civil tort, but it does not constitute an insult.

(3) There are different requirements for the subjective fault of the actor. Subjectively, the perpetrator of the insult crime must be direct and intentional; Subjectively, the infringer of civil insult has intention and negligence. In other words, as long as the infringer is at fault and objectively causes damage to the personality and reputation of others, he should bear the legal responsibility of reputation infringement.

legal ground

criminal law

Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.

People's Republic of China (PRC) Civil Code

Article 991 The personality right of a civil subject is protected by law, and no organization or individual may infringe upon it.