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What should I do in the face of mistress's abuse and abuse? I need to seek legal help.
Legal analysis
If a third party abuses the original, first of all, it should pay attention to retaining evidence, such as audio or video recording. It is best to have witnesses around, and then you can choose to call the police. If a third person's insult or slander causes the reputation of the original work to be devalued and the social evaluation to be lowered, we can choose to sue the third person for infringing the reputation right of the original work and ask the court to order the third person to eliminate the influence, restore the reputation and apologize.
If the third person's abusive behavior is serious, publicly insulting others by violence or other means or fabricating facts to slander the original match, if the circumstances are serious, he may request the people's court to sentence the third person to violate Article 246 of the Criminal Law according to law, and if it is really difficult to provide evidence, the people's court may request the public security organ to assist him.
However, it should be remembered that the original distributor should not take excessive actions, otherwise it may bear the responsibility of violating relevant laws. If the third person's behavior infringes the rights of the original match, such as personal and property rights, then the original match can defend itself without exceeding the necessary limit.
legal ground
Article 990 of the Civil Code of People's Republic of China (PRC) is the right to life, body, health, name, portrait, reputation, honor and privacy enjoyed by civil subjects. In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.
Article 1024 of the Civil Code of People's Republic of China (PRC) stipulates the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering. Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects.
Article 179 of the Civil Code of People's Republic of China (PRC) bears civil liability mainly in the following ways: (1) Stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) continue to perform; (8) Compensation for losses; (9) Paying liquidated damages; (ten) to eliminate the influence and restore the reputation; (eleven) apologize. Where the law provides for punitive damages, such provisions shall prevail. The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.
The Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, it 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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