Which law is it against to insult and abuse others?

1. What is the crime of insulting others?

Abuse of others may constitute an insult, punishable by fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. However, it should be noted that the general abusive behavior infringes on the other party's reputation right and constitutes civil tort liability. According to the provisions of Article 42 of the Law on Public Security Administration Punishment, a person 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 not less than five days but not more than ten days, and may also be fined not more than 500 yuan. If the circumstances are serious, such as bad means and serious consequences of humiliation (such as the victim committing suicide because of humiliation, mental disorder caused by humiliation, etc.). ), and repeatedly insulted, constitutes an insult, punishable by fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Second, the constitutive elements of the crime of insult

(A) the object elements

The object of this crime is the personal dignity and reputation of others. The rights of personal dignity and reputation are the basic personal rights of citizens. The personal dignity of People's Republic of China (PRC) citizens is inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way. "The so-called personal dignity refers to citizens' understanding and respect for their own or others' personal and social values based on their social environment, status, prestige, working environment, family relations and other objective conditions.

The so-called reputation refers to the fame and reputation gained by citizens in social life, and it is the social evaluation of a citizen's morality, talent and credibility in social life. The so-called reputation right refers to the personality right with the maintenance and safety of reputation as its content.

The object of this crime can only be a natural person, not a unit. Insulting legal persons and other groups and organizations does not constitute an insult. Whoever burns, damages, scribbles, defiles or tramples on the national flag and national emblem in public places and insults the national flag and national emblem of China shall be investigated for criminal responsibility in accordance with the provisions of the National Flag Law of People's Republic of China (PRC) and Article 299 of the Criminal Law.

Objectively, this crime is characterized by publicly degrading personality and damaging the reputation of others by violence or other means, and the circumstances are serious.

Legal basis:

Article 110 of the Civil Code of People's Republic of China (PRC)

Personality right of civil subject Natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.

Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.