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Is it useful to be harassed by an ex-boyfriend and call the police?
Legal basis: Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for not more than five days or fined not more than five hundred yuan; 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: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
Harassment is an act of offending or insulting others through physical or verbal acts against their will [1]. Common types of harassment are sexual harassment, telephone harassment and spam messages. There is no clear definition of harassment in Chinese law. However, in People's Republic of China (PRC)'s Constitution (revised 20 18) [2] People's Republic of China (PRC)'s Civil Code (2020) [3] People's Republic of China (PRC)'s Law on the Protection of Women's Rights and Interests (revised 20 18) [4] and from the perspective of rights, both countries have made prohibitive provisions on harassment-related behaviors, and the People's Republic of China (PRC) Public Security Administration Punishment Law.
Different types of harassment have different incidence rates. The incidence of sexual harassment in China is about 5% ~ 10% [7] [8]. In terms of telephone harassment, there is no clear incidence statistics, but the data show that every year 1232 1 Network Bad and Spam Reporting Center receives hundreds of thousands of telephone harassment reports, and telephone harassment still has a certain negative impact on daily life [9]. In terms of spam messages, the spam messages received by mobile phone users in China account for 22.5% of all mobile phone messages [10].
The related content of harassment is also an important content of comprehensive education. Learners not only need to cultivate awareness of rights related to harassment, but also need to know how to treat harassment correctly and seek help after being harassed [1 1]. Among all kinds of harassment, sexual harassment is most closely related to comprehensive education. Research on sexual harassment shows that children from families with low socioeconomic status are more vulnerable to sexual harassment [12]. Sexual harassment can be divided into different types according to behavior and implementation environment. Sexual harassment can bring victims
According to Modern Chinese Dictionary (7th edition), harassment means "disturbing the peace; Interference "[14]. Harassment is a form of discrimination. Any involuntary offense or insult to the other person's body or language will be defined as harassment. Usually, harassment will exist for a long time, but serious one-off events can sometimes be defined as harassment. Harassment includes the following acts:
Making jokes or making discriminatory remarks about other people's race, religion, sex, age, disability or other characteristics;
Threatening or intimidating others because of race, religion, gender, age, disability or other characteristics;
Make physical contact when others are unwilling, such as touching, patting, pinching, pinching, etc.
sexual harassment
Sexual harassment refers to the use of sexually suggestive words or actions against the harassed object, forcing the victim to cooperate and making the other party feel uncomfortable. People of any sex may be victims or perpetrators of sexual harassment. Specifically, out of the motivation of venting sexual desire or playing pranks or harassing or insulting others, the perpetrator makes unwelcome sexual advances or sexual stimulation to others through language, body, environmental arrangements or other means, which brings annoyance and mental depression to the harassed person and even causes mental damage, but it does not constitute the crime of compulsory indecency and rape. This behavior of the perpetrator is called sexual harassment of the harassed person [15].
The subject of sexual harassment has nothing to do with gender, but with power. Sexual harassment is something that happens between the relatively strong and the relatively weak. The reason why we should emphasize the word "relative" is because strength is a flexible concept in sexual harassment, which not only refers to the position level and seniority strength, but also a concept generated by mutual comparison. The problem of sexual harassment is difficult to solve, because the strong party has influence on the weak party, and it is very difficult to refuse or resist, and it needs to pay the price. Therefore, only by recognizing the power relationship between the subject and object of sexual harassment can we better understand the nature of sexual harassment.
In the definition of sexual harassment, first of all, sexual violence that violates the criminal law should not be classified as sexual harassment. Violence is not a kind of harassment, but a kind of harm. This is not to say that sexual harassment is harmless, but the harm of sexual violence is different from legal sexual harassment. If sexual violence is regarded as a kind of sexual harassment, the efforts to deal with sexual disputes that are not so harmful in the traditional concept will be greatly weakened, which will make us ignore sexual harassment that is equally harmful but not so obvious.
Secondly, sex-related behavior should be clearly targeted at the victim before it can be included in the scope of sexual harassment. If the direction is not clear and there is no clear direction for someone, then it is not sexual harassment.
Thirdly, the purpose of sexual harassment is never to establish a normal sexual relationship as the end point. If the end of the behavior is because of power, it is sexual behavior that feels privileged because of power, then there is no doubt that it is sexual harassment. The vast majority of sexual harassment in practice is not because of "like", but because of "ability" [16].
Telephone harassment
Telephone harassment refers to calling for commercial marketing or malicious harassment without the user's consent or request [17]. The "grey" industrial chain of telephone harassment is mainly composed of three parts: the first part is the demanders of telephone harassment, which is composed of telemarketers, malicious harassers and criminals. The second part is the caller, which is subdivided into two categories. The first category is the demanders of telephone harassment, which directly harass users through point-to-point dialing, trunk dialing, private line dialing and code number service dialing. The second type of caller may be the calling platform and calling software entrusted by the demander. Due to the advantages of natural telephone harassment and high demand-side income, some calling platforms and calling software have become callers of telephone harassment. In some search engines, information publishing platforms and mobile application stores, you can find a large number of platforms and software for calling services. The third part is the user's personal information collector, which can provide advertisers with user group analysis services, thus providing accurate marketing. The chain involves four key links: "strong business demand, accurate information acquisition, active marketing disturbing people and offline trading", which are closely connected to form a closed loop and promote each other increasingly [9].
spam text
Spam messages are messages that users don't need, disturb users, only consume the receiver's time and occupy the storage space of the receiver's mobile phone [10]. The bad information involved in spam messages can usually be divided into two categories: one is "harassing" messages, such as "spam advertisements" and "underground advertisements"; The other kind is boring pranks, even dirty yellow jokes [18]. Specifically, it may include fraudulent short messages to congratulate you on winning the prize, forced short messages to force or induce you to order short message service by sending mobile phone numbers in groups with short message numbers, erotic short messages to seduce and introduce others to prostitution, group dialing mobile phone numbers in the middle of the night, and short messages to harass users who don't know the truth after dialing back [19].
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