Is swearing illegal? Can you call the police?

Insulting others is illegal and can be handled by the police, but it generally does not constitute a crime. You can call the police if you are insulted, and the insulted person will be detained for less than five days or fined less 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.

1. What are the constitutive elements of the crime of insulting and slandering others?

1, the object of infringement is the personal dignity and reputation of others. The object of infringement is a natural person;

2. Objectively speaking, it is the behavior that the actor fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious;

3. The subject of the crime is a natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility;

4. Subjectively, the actor must be intentional.

Second, how to sue the other party for being insulted?

Being insulted by others can be sued, which belongs to tort litigation. When suing, you need the plaintiff's ID card, insult the evidence and submit a complaint to the court. Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. The prosecution of criminal cases lies in asking the court to convict and sentence the defendant through trial; Bringing a criminal incidental civil action requires the court to investigate the defendant's economic compensation liability through trial. Prosecution must be carried out by citizens or legal persons who have the right to sue in a court with jurisdiction according to law.

The prosecution shall submit the following materials to the court:

1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, industrial and commercial registration certificate and other materials;

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.

To sum up, how to sue the other party for malicious abuse by others, and what way to protect rights need to be determined according to the severity of the incident. If it is just general abuse, it does not reach a particularly serious level, which belongs to the category of civil disputes. The victim has the right to bring a lawsuit to the people's court on the grounds of infringement of the right of reputation, and demand the actor to stop the infringement, eliminate the influence, restore the reputation, apologize and compensate for the losses; If the degree of abuse is very serious, such as long-term abuse, fabricated facts abuse or violent abuse, you can file a criminal complaint with the public security organ, asking the public security organ to file an investigation, investigate the criminal responsibility of the perpetrator for the crime of insult and slander, and ask the perpetrator to compensate for the losses.

Legal basis:

Forty-second "People's Republic of China (PRC) Public Security Management Punishment Law"

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.