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Is it illegal to insult parents?
Swearing involving parents may involve infringement of others' reputation rights, which constitutes an insult.
The crime of insult refers to the use of violence or other means to publicly slander others, and the circumstances are serious. The legal interest infringed by such crimes is the reputation of others.
The constitutive elements of the crime of insult include using violence or other methods to publicly slander others, and the circumstances are serious.
The crime of insulting must have insulting behavior. Insult refers to contempt for others' value judgment, which is usually related to others' ability, virtue, identity and physical condition. Even if the content expressed by the actor is a well-known fact, as long as it is a fact that damages the reputation of others, it is an insult. There are four ways to insult:
1, violent insult. Violence here does not mean killing, wounding or beating, but using force to discredit others. For example, forcing others to do embarrassing actions by force; Forcibly stuffing feces into his middleman's mouth;
2. Non-violent actions insult. "For example, after shaking hands with someone, take out a paper towel and wipe it, which makes it disgusting";
3. Verbal insults, manifested in teasing, slandering and insulting the victim with words;
4. Words or pictures are insulting, that is, writing, posting and circulating posters, small-character posters, cartoons, slogans, etc. Something that harms the reputation of others.
Insults must be made public. The so-called "blatant" insult refers to insulting others in a way that is not specific or most people may know. An unspecified person means that the other party is not restricted by a specific relationship.
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. Even an evil person or a nominal person may become the object of insult.
Article 246 of the Criminal Law of People's Republic of China (PRC) * * * Crime of insulting and slandering. Whoever publicly insults others by violence or other means or fabricates 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.
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