How to sue Xiao San for texting?

Humiliating or even beating "mistress" in public is related to infringement. According to the provisions of Article 2 of the Tort Liability Law, those who infringe upon the civil rights and interests of citizens, such as health rights, reputation rights, privacy rights, etc., and cause damage consequences, shall bear corresponding civil liability for damages. The following small series will tell you the relevant knowledge.

First, whether the abuse of Xiao San at the beginning was an infringement of his reputation right.

1. The act of humiliating or even beating "mistress" in public involves infringement.

According to Article 995 of the Civil Code, if the right to personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this law and other laws. The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize.

2. This behavior may also violate the Law on Public Security Administration Punishment and bear administrative responsibility;

3. If the circumstances are serious, they will violate the criminal law and bear criminal responsibility.

It is unwise to humiliate and beat the third party in public. Those who are not protected by law will be punished by law.

According to Article 43 of the Law on Public Security Administration Punishment: "Whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. "According to Article 234 of the Criminal Law, whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. It can be seen that beating others in public leads to minor injuries or other serious consequences, which will constitute the crime of intentional injury and reach the standard of criminal filing. If you take more aggressive behavior, or even lead to the death of others, it may constitute a more serious criminal offence.

Second, how can marriage protect its rights and interests through the law when it meets a third party?

Under the current law, the original match does not have a direct legal way to investigate the legal responsibility of a third party for destroying marriage and family. In the process of interpretation and revision of the Civil Code, there have also been discussions and arguments about this. Most people think that it is difficult for the law to regulate emotional problems by applying moral norms to the faithful obligations of spouses. Whether or how to protect "spouse rights" is just a research topic.

At present, according to Article 109 1 of the Civil Code of People's Republic of China (PRC), if one spouse cohabited with another person, resulting in divorce, the innocent party has the right to claim damages. However, according to the Supreme People's Court's judicial interpretation of the marriage law, the person who can be held accountable here is only the spouse of the innocent party in the marriage relationship, not the third person, and can only claim it when filing a divorce lawsuit.

Therefore, when the marriage encounters a third party, if there is evidence that the spouse has cohabited with the third party, then in the process of divorce in court proceedings, the innocent party can request the court to decide that the innocent party should bear the compensation for mental damage and demand more points in the division of property. If the court finds that the illegal act is established, it will generally support the appeal of the innocent party.

If you don't sue for divorce and want to pursue the legal responsibility of a third party, you can only have legal means if the third party infringes on the property rights of husband and wife. For example, if one spouse gives a large amount of property to a third person without authorization, the innocent party can sue for canceling the gift and returning the property for infringing the property rights of the husband and wife, thus safeguarding its own property rights. Of course, there is also an extreme case of spouse bigamy, that is, if the spouse conceals his identity and re-registers for marriage with a third party or lives together in the name of husband and wife, it constitutes bigamy. At this time, the original spouse can sue the criminal responsibility of the spouse and the third person to the court. If a third party knows that the other party is married, it can constitute a crime.

The above is "Does the original match insult Xiao San and infringe on his reputation?" I hope everyone can learn more. If the legitimate rights and interests are infringed in the future, you can safeguard your legitimate rights and interests through legal weapons.