Does this constitute an insult?

What you said doesn't seem to constitute an insult.

offensive

First, the concept and its composition

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.

1, object element

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. Article 38 of the Constitution stipulates: "The personal dignity of the people and citizens of China is inviolable. It is forbidden to insult, slander and falsely accuse 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 insults the national flag and national emblem of China by burning, damaging, scribbling, defileing or trampling in public places shall be investigated for criminal responsibility for the crime of insulting the national flag and national emblem in accordance with the National Flag Law of People's Republic of China (PRC) and Article 299 of this Law.

2. Objective factors

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.

1) insult others. The main means of behavior are: (1) violence insults people, and the violence here only refers to the means of insult. For example, throwing feces at people, smearing people with ink, forcing people to cut their hair, forcing others to do degrading actions and so on. Instead of violence that harms their health. If the perpetrator has the intention and behavior to harm the health of others, he should be punished as the crime of injury. (2) verbal insults, that is, taunting and insulting the victim with vicious and mean language, making him make a fool of himself in public, which is unbearable, such as verbally spreading the privacy and physical defects of the victim. (3) Insulting words, that is, revealing others' privacy, slandering others' personality and damaging others' reputation in the form of big-character posters, small-character posters, pictures, cartoons, letters and books.

2) Insults must be made public. The so-called "public" insult refers to insulting others in front of a third party or even everyone, or in a way that can make unspecified people or most people hear and see. Publicity does not necessarily require the presence of the victim. If it is only insulting the victim, it is impossible for the third person to know without the presence of the third person, which does not constitute an insult. Because only the existence of a third party can damage the external reputation of the victim.

3) The object of insult must be a specific person. A specific person can be one person or several people, but it must be specific and identifiable. Abuse without a specific object in public does not constitute insult. The deceased can't be the object of insult in this crime, but if the actor insulted the deceased on the surface, but actually insulted the family of the deceased, it should be regarded as an insult.

4) The act of publicly insulting others must reach a serious level to constitute this crime. Although there is a blatant insult to others, it is not serious, just a general civil tort. The so-called serious circumstances mainly refer to bad means and serious consequences, such as forcing the victim to climb over his own steps in public; Tear up the victim's clothes in public; Shame on the victim's face, hang a whore, and wear a green hat to drag the street to show the public; Coercing the victim to swallow in public or spraying feces and other dirt on him; Coercing the victim to kiss, masturbating with the body and other obscene acts; Publicly insulting others, causing others to be insane or commit suicide; Insulting others for many times, causing great damage to their personality and reputation; Insulting officials, women and even foreign guests, causing adverse effects; Wait a minute.

3. Main elements

The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. State organs, enterprises, institutions and social organizations do not constitute the subject of this crime. For those who publish articles insulting or slandering others in periodicals and magazines, according to Articles 5 and 36 of the Interim Provisions on the Administration of Periodicals issued by the Press and Publication Administration1October 24, any periodical that violates these Provisions and publishes articles insulting or slandering others will be given a warning by the administrative department of press and publication. Fines; Confiscation of illegal income; Stop selling; Confiscation or destruction of illegal periodicals; Periodic suspension; Suspend business for rectification; Administrative penalties such as cancellation of registration.

4. Subjective factors

Subjectively, this crime is direct and intentional, with the purpose of degrading personality and destroying the reputation of others. Indirect intention and negligence do not constitute this crime.

Second, identify

1, the boundary between legal 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.

2. 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 General Principles of Civil Law (for Trial Implementation), insults in civil torts are limited to those that "have a certain impact".

(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." Paragraph 2 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 the reputation of others in written or oral form, thus causing damage to the legal person, shall be deemed as an act of infringing on the reputation right of others." 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.

3. The boundary between general insulting illegal acts and insulting crimes.

Insulting others will only be punished as a crime if the circumstances are serious. General insult, if the circumstances are minor, shall not be punished as a crime. Article 2 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security? Article stipulates that anyone who publicly insults others, but not serious enough for criminal punishment, shall be detained for up to five days, fined up to 200 yuan or given a warning.

4. The boundary between this crime and the crime of compulsory indecency and insult to women.

When the perpetrator openly forcibly strips off women's clothes and makes some obscene and insulting actions to women's bodies, it is easy to confuse whether the perpetrator is convicted of the crime of insulting or the crime of forcibly obscene and insulting women. The key to distinguish the two lies in the subjective purpose and motivation of the actor. In the crime of insulting women, the perpetrator's purpose is to discredit women and degrade women's personality, and his motives are mostly revenge and venting dissatisfaction, which is no different from insulting others (men) and other insults (such as insulting with posters); The purpose of obscene and insulting women is to seek obscene and shameless spiritual stimulation and satisfy the abnormal sexual desire of the actor. In addition, in some cases, the object of the crime of insulting women is not specific, but the object of the crime of insulting can only be specific.

5. The boundary between one crime and several crimes in insulting crime.

The crime of insult can be committed by violent means. Violence here only refers to the coercive measures taken by the perpetrator to damage the personal dignity and reputation of others, and does not include intentional killing of the victim. If the perpetrator intentionally hurts or even kills the victim in the process of insulting others, he should be convicted and punished for intentional injury or intentional homicide, and should not be punished for insulting, intentional injury or intentional homicide. However, if a third person prevents the perpetrator from insulting others, and the perpetrator injures or kills the third person in order to remove obstacles, the perpetrator shall be punished for several crimes.

Third, punishment.

According to this article, whoever commits the crime of insulting shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

At the same time, the article stipulates that only those who are told will be treated as insulting unless they seriously endanger social order and national interests. According to the provisions of Article 38 of this Law, it means that the victim will be dealt with only after telling the truth. If the victim is unable to inform because of coercion or intimidation, the people's procuratorate and the close relatives of the victim may also inform him. The reason why the crime of insult is dealt with after being informed is that most insults occur among family members, neighbors, colleagues or in daily life, which belongs to contradictions among the people and is not very harmful to society. In most cases, it can be solved through mediation and other mitigation measures. In addition, the victim may not want more people to know the fact that he was insulted. If he brings a lawsuit against the victim's will and adopts criminal sanctions to solve it, the effect will be counterproductive. It should be pointed out that "handling after informing" does not mean that it does not constitute a crime without informing, but that it will not prosecute such a crime without informing.

Serious harm to social order refers to the situation that the insult has caused the victim to be insane or even commit suicide, and the victim is unable to identify or lose his ability to identify. "Endangering national interests" refers to insulting national leaders, foreign heads of state, diplomatic envoys and other specific objects, which not only damages the victim's personal reputation, but also harms national interests.