Joke Collection Website - Public benefit messages - If you are accused of libel (false accusation) by a customer, do you have the right to sue in court?
If you are accused of libel (false accusation) by a customer, do you have the right to sue in court?
I hope you are satisfied with the answers to the following questions:
1, the libel (false accusation) you mentioned may involve three kinds of crimes stipulated by Chinese laws, namely, the crime of false accusation, the crime of libel and the crime of insult.
Crime of false accusation and frame-up: refers to a serious act of fabricating facts, falsely accusing and framing others with the intention of making them be investigated for criminal responsibility. Objectively, this crime is manifested in fabricating the criminal facts of others, reporting to state organs or relevant units, or taking other methods to cause investigation activities by judicial organs. Obviously, the customer's behavior is not enough to constitute this crime.
Defamation: refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and damage the reputation of others, and the circumstances are serious. Judging from what you said, the customer's behavior just wants you to remit money for him without a card, which reflects the sense of superiority of distinguished guests, so everything he said does not exist the act of deliberately fabricating and spreading fictional facts, so it can't be the crime.
Insult crime: refers to the act of publicly degrading personality and damaging the reputation of others by violence or other means, and the circumstances are serious. It can be seen from the law that the behavior of customers is not enough to degrade your personality and destroy your reputation, and the circumstances are not serious, so naturally it cannot be the crime.
Of course, you can also sue for infringement of reputation, but as mentioned in the above-mentioned law, these acts can only be realized under serious or bad circumstances, otherwise it is a waste of time and energy. And it's really time-consuming to go to court now.
With relevant laws and regulations, you can go to Baidu Encyclopedia to have a detailed look.
As far as your situation is concerned, I personally suggest that taking the road of court proceedings is not the best solution. If what you say is completely true, then obviously, based on your bank's special preferential treatment policy for VIPs, you can completely protect your rights by appealing to the internal system of the bank or by similar means. For example, you said that the account manager on duty was present, and he should know what happened at that time, as well as the surveillance video of your bank, which can fully prove that your handling at that time was in full compliance with the bank's regulations and operational procedures, and there was no such behavior as bad attitude and sending customers away at will. Therefore, it is obviously not objective and unfair for your bank to punish you on the basis of a simple complaint without a detailed investigation. You can refute and complain with the evidence just mentioned.
The decision hasn't come out yet, so we should work hard and don't get emotional. After all, most customers are still good comrades.
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