Is it useful to be harassed to court?

The harassed person can bring a lawsuit to the court, and it is a violation of public security management to interfere with the normal life of others. The victim can report the case to the public security organ, and the public security organ will handle it according to the law. Repeated harassment of others is generally treated as a public security case. If the circumstances of harassing others are very bad, it constitutes the crime of provoking trouble.

Legal analysis

The crime of stirring up trouble refers to wanton provocation, beating and harassing others at will, destroying and occupying public or private property at will, or making trouble in public places. Acts that seriously undermine social order. Harassing others can belong to the category of infringing others' reputation rights, so the harassed person can ask the infringer to stop the infringement and eliminate the influence, and can also ask for compensation for mental damage if serious consequences are caused. If you harass others by sending text messages and making phone calls, as the harassed person, you can ask the harasser to bear legal responsibility. From a legal point of view, the subjective fault of public figures in bringing a lawsuit of reputation infringement should be based on whether the actor has actual malice. Even if there is no actual malicious behavior, it should not be considered as infringement. The object of infringement should be a specific person. A specific person refers to a specific natural person or legal person. If there is no specific person, there is no such thing as a victim in law. As a result, the infringer's behavior has caused serious damage to the victim's reputation, making the victim feel unfair social pressure or psychological burden, mentally tortured and psychologically traumatized. If a citizen or legal person claims compensation for the infringement of his reputation right, the infringer shall compensate the economic losses caused by the infringement; If citizens jointly request compensation for mental damage, the people's court may make a discretionary judgment on the consequences of mental damage to the victim according to the degree of fault of the infringer and the specific circumstances of the infringement.

legal ground

Article 293 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts of provoking troubles and disturbing social order: (1) beating others at will, if the circumstances are bad; (two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined. Article 293- 1 In any of the following circumstances, it is the collection of illegal debts such as high-interest loans. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined: (1) using violence or coercion; (2) restricting the personal freedom of others or intruding into others' houses; (3) Threatening, stalking or harassing others.