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Is it illegal to infringe others' rights?
Tort refers to an illegal act that infringes on the personal property or intellectual property of others and should bear civil liability according to law. After the infringement, there is a specific relationship of civil rights and obligations between the infringer and the victim, that is, the victim has the right to demand compensation from the infringer. Civil rights and interests include personal and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, equity right and inheritance right. An illegal act in which the actor infringes upon the person, property and other lawful rights and interests due to his fault, and other infringing acts in which he shall bear civil liability according to the special provisions of the law.
It is generally believed that tort is firstly a civil fault, that is to say, tort breaks a certain responsibility stipulated by law, which is strictly prohibited by law. Tort is also an act that causes harm to others, and the injurer must make compensation to the injured person.
whether the rights and interests are recognized and protected by law can be identified in three situations: in one case, the object of infringement is the rights and interests that are absolutely protected by law. This kind of rights and interests have the nature of the world, that is, anyone in the world has the obligation not to infringe, and its obligor is not specific. Whoever infringes on such rights and interests is an infringement. For example, in general, the personal rights and property rights of civil subjects are absolutely protected by law.
In another case, the infringed object belongs to the object of "relative protection" by law. That is to say, the law allows the actor to do harm to the object within a certain scope or under certain conditions, and the law does not prohibit, condemn or even encourage such harm. Only when the doer violates these conditions will the law protect him. For example, doctors should not only remove patients from patients, but also remove some good organs or bodies of patients for the benefit of patients.
Article 132 of the Civil Code of the People's Republic of China states that natural persons have the right to privacy. No organization or individual may infringe upon others' right to privacy by spying, harassing, revealing or making public. Privacy is the private space, private activities and private information that natural people live peacefully and are unwilling to be known by others. Article 133 Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:
(1) Disturbing the private life of others by means of telephone, short message, instant messaging tools, e-mail, leaflets, etc.;
(2) entering, photographing and peeping into other people's private spaces such as houses and hotel rooms;
(3) Shooting, peeping, eavesdropping and disclosing other people's private activities;
(4) Shooting and peeking at private parts of other people's bodies;
(5) handling other people's private information;
(6) Infringe upon others' right to privacy in other ways.
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