Joke Collection Website - Blessing messages - What is the law of language attack?
What is the law of language attack?
1. If the language attack is serious, it may constitute an insult. Verbal attacks are those who are frustrated and insult their personality, spread rumors or gossip, and create harmful public opinion. Sometimes verbal attacks can also achieve the goal of being painful, crazy, irrefutable and killed.
2. Legal basis: Article 246th of the Criminal Law of People's Republic of China (PRC).
Insulting or slandering others openly by violence or other means or fabricating facts to slander others. If the circumstances are serious, they 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.
Second, what is the boundary between civil tort and insult?
1, the severity of the behavior is different. What constitutes the crime of insult must be "serious" behavior; The insult of civil tort is limited to the insult of "causing certain influence"
2. The object of behavior is different. The object of insult crime can only be a natural person; The object of civil tort and insult can be a legal person.
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.
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