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Can I sue in court if I am harassed?
1, you can sue. Being harassed by SMS every day makes it difficult for you to gain rights through the following channels:
(1) If the legitimate rights and interests are infringed and losses are caused, the victim may sue the harasser in the people's court and claim compensation.
(2) In addition to bringing a lawsuit to the court, the victim can also report to the police, and the public security organ will impose administrative punishment on the harasser.
2. Legal basis: Article 3 of the Civil Procedure Law of People's Republic of China (PRC), the provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and their personal relations.
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (5) repeatedly sending obscene, insulting, threatening or other information, which interferes with the normal life of others;
Second, the basic steps of civil litigation
1, file a lawsuit;
2. The court will serve a copy of the indictment on the defendant after examination and acceptance;
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial;
4. If a hearing is decided, the parties concerned shall be notified and announced three days before the hearing;
5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record;
6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party;
7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
8. Announcement of judgment.
According to the provisions of the Civil Procedure Law, if you are harassed by SMS every day, causing losses to your legitimate rights and interests, and there is controversy over the compensation for the losses, the victim can sue the harasser in the people's court and ask for compensation; In addition to suing for compensation, the victim can also call the police and impose public security punishment on the harasser. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.
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