Is it illegal for lawyers to advocate that the parties spread photos of debtors and post notices without judicial permission?

1, which is not illegal but affects the city appearance.

The lawyer's behavior of assisting creditors to collect debts is only to spread photos of debtors and post notices. If there is no illegal act, it is not illegal.

2, illegal

When creditors collect debts, when they spread photos of debtors and post notices, they commit insults, slanders, violence and other illegal acts, and they need to bear corresponding legal responsibilities according to the actual situation and relevant laws and regulations.

According to Article 246th of the Criminal Law of People's Republic of China (PRC), the crime of insult:

Whoever publicly 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.

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.

Article 10 1 of the General Principles of Civil Law, right of reputation:

Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.

Article 34 of the Regulations on the Administration of City Appearance and Environmental Sanitation commits any of the following acts, and the administrative department of city appearance and environmental sanitation of the people's government of the city or the unit entrusted by it shall order it to correct the illegal act, take remedial measures, and may also impose a warning and a fine.

1, spitting, urinating, littering wastes such as peels, scraps of paper and cigarette butts; ?

2, in the city buildings, facilities and trees graffiti or unauthorized display, posting promotional materials, etc. ; ?

3, in the city people's government provisions of the street frontage buildings balcony and window, stacking, hanging unsightly items; ?

4, not according to the prescribed time, place and way, dumping garbage and feces;

5. Failing to fulfill the obligation of cleaning and cleaning in the health responsibility area or failing to clear and dispose of garbage and feces according to regulations;

6. The transported liquid or bulk goods are not sealed, wrapped or covered, resulting in leakage or spillage; ?

7. The frontage site is not provided with guardrail or shelter, and it is not covered in time, or the site is not cleaned and leveled in time after completion, which affects the city appearance and environmental sanitation.

Extended data:

Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information.

Publishing the photos and identity information of the debtor without reservation in the form of Internet or posting announcements shall be regarded as infringing on citizens' personal information.

There is a clause in the civil law called "self-help". If someone refuses to pay for dinner in a restaurant, the boss can temporarily restrict his personal freedom after calling the police and wait for the police to deal with it.

However, the creditor's disclosure of the debtor's identity information through the internet, posting announcements, etc. is not included. If it is true that the debtor evaded the debt, the creditor may bring a lawsuit to the court.

After the litigation is over, in the process of execution, the enforcement court may, according to the application of the person subjected to execution, adopt the method of enforcement by offering a reward, and issue a reward announcement to the society for reporting the property clues of the person subjected to execution.

If the property clues provided by the informer are verified and actually implemented, the informer may be rewarded according to the standard or proportion promised by the application executor. Therefore, creditors do not have to issue a "reward announcement" to collect debts, but can issue a reward announcement through the enforcement court.

References:

Changsha Municipal Bureau of Justice-Is it legal for creditors to post a "reward notice" to collect debts?