What is the legal provision for swearing?

Article 1024. First of all, according to the Civil Code, swearing is an infringement of other people's reputation rights and is illegal. Secondly, if you are insulted, the victim can first give the other party a verbal warning; if the other party ignores it, you can file a civil lawsuit with the court, suing the other party for infringing on your right to reputation and personal dignity, and requesting that the infringement be stopped, an apology be made, and compensation be made. Mental toll.

Article 246 of the National Law: Anyone who insults others, openly insults others with violence or other methods, 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 political rights.

Insulting and abusing others violates the relevant provisions of my country's "Public Security Administration Punishment Law of the People's Republic of China" and the "Criminal Law of the People's Republic of China". It is recommended that the victim file a complaint with the People's Court, but provide evidence. If there are indeed difficulties, the people's court may request the public security organs to provide assistance. Relevant laws stipulate that anyone who insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, he shall be detained for not less than five days but not more than 10 days, and may be fined not more than 500 yuan. Anyone who openly 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. Insulting others violates a citizen's right to reputation.

Citizens and legal persons enjoy the right of reputation. The personal dignity of citizens is protected by national laws. It is prohibited to damage the reputation of citizens and legal persons by means of insult, slander, etc.

According to relevant legal provisions, if personality rights are infringed, the victim has the right to request the perpetrator to bear civil liability in accordance with the provisions of this Law and other laws. The statute of limitations does not apply to the victim's right to request to stop the infringement, remove obstacles, eliminate danger, eliminate influence, restore reputation, and make an apology. If one party's breach of contract damages the other party's personality rights and causes serious mental damage, and the injured party chooses to request that it bear liability for breach of contract, this will not affect the injured party's request for compensation for mental damage.

How to obtain evidence for insulting others?

The evidence of insult is the material that records the content of the other party's insult, which will be different depending on the method of insult. For example, for common verbal abuse, evidence can be obtained through audio and video recordings, or witness testimony can be used to prove that if it is verbal abuse, it will be easier to obtain evidence. Nowadays, common methods of verbal abuse include sending text messages, WeChat, Tencent QQ, or posting notices. At this time, just leave corresponding records. However, it should be noted that the original text record needs to be preserved. You cannot only keep the screenshots and delete the original records, because the legal nature of the screenshots is a copy, not an original, and the evidence used in the lawsuit should be verified to be consistent with the original.

Legal basis:

Article 1024 of the "People's Republic of China and Civil Code" Civil subjects enjoy the right of reputation. No organization or individual may infringe on the reputation rights of others by insulting, slandering, etc.

Reputation is the social evaluation of a civil subject’s moral character, reputation, talent, credit, etc.

Article 42 of the "Law of the People's Republic of China on Public Security Administration Punishments" Whoever commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, he shall be fined not more than 500 yuan. Detention for not less than five days but not more than ten days may result in a fine of not more than five hundred yuan:

(1) Writing threatening letters or threatening the personal safety of others in other ways;

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

(3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution or public security management penalties;

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

(5) Repeatedly sending obscene, insulting, threatening or other messages that interfere with the normal life of others;

(6) Peeping, filming, eavesdropping, or disseminating other people’s privacy.