Because insults hit others, we should know that our reputation right is also a kind of personality right. Insulting others is not only an insult to their personality, but also a damage to their reputation. The following understanding is called abuse.
Call 1 abuse, who is responsible for the fight caused by verbal anger?
According to the provisions of China's criminal procedure law, if words irritate each other and cause a fight, it is generally the hitter who bears the responsibility. If the two sides fight, both sides will bear the responsibility.
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 43 Whoever beats another person or intentionally hurts his body shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more 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.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.
Tort Liability Law of People's Republic of China (PRC)
Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Criminal law of the people's Republic of China
Article 234 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.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
The difference between the two is that:
1, the behavior severity is different.
What constitutes the crime of insult must be "serious" behavior; According to article 140 1 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law (for Trial Implementation), insults in civil torts are limited to those that "have a certain impact".
2, the object of behavior is different
The object of insult crime can only be a natural person; The object of civil tort and insult can be a legal person.
3. Different requirements for the subjective fault of the actor.
Subjectively, the perpetrator of the insult crime must be direct and intentional; However, the infringer of civil insult has both intention and negligence subjectively. Free lawyer answers online, that is, as long as the infringer is at fault and objectively causes damage to others' personality and reputation, he should bear the legal responsibility of reputation infringement.
4. The boundary between general insulting illegal acts and insulting crimes.
Insulting others will only be punished as a crime if the circumstances are serious. General insult, if the circumstances are minor, shall not be punished as a crime.
The above knowledge is my answer to relevant legal questions. According to the relevant laws of our country, if words irritate each other and cause a fight, the hitter is generally responsible. If both sides do it, both sides will bear the responsibility.
Beat others for insulting. 1. How to deal with the fight caused by swearing?
If it is insulting in public, its behavior violates the second paragraph of Article 42 of the Law on Public Security Administration Punishment and is suspected of publicly insulting others. According to the law, you can report the case to the public security organ and demand that its administrative responsibility for public security be investigated. Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they 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.
Second, swearing is also a provocative act in law.
(1) Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
(2) In order to protect the legitimate rights of individuals, legal persons and other organizations, if one of the following acts constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law:
(3) insulting others or fabricating facts to slander others by using the Internet; Anyone who uses the Internet to infringe upon the legitimate rights and interests of others and constitutes a civil infringement shall bear civil liability according to law.
(4) Whoever publicly insults others in publications or fabricates facts to slander others, if the circumstances are serious, shall be convicted and punished for the crimes of insult and slander respectively in accordance with the provisions of Article 246 of the Criminal Law.
(5) If it is not an affront to others in public, it has not caused serious consequences, but a simple civil tort. The Administrative Punishment Law provides for administrative punishment and warning.
(6) publicly insulting others, causing serious consequences, belongs to the crime of insult stipulated in the criminal law. For example, if a group of people call a girl a prostitute in the street, and the girl can't stand it, and she is mentally ill, then the person who calls names will be subject to criminal punishment. Recently, it was reported in the news that a group of old people were hired by developers to be professional curse teams, cursing nail households continuously until they could not bear to compromise with developers. Finally, the professional curse was punished.
(seven) ordinary friends and neighbors call names because of disputes, which is not harmful to society and will not reach the level of insulting crimes; There is a very special person who bears a grudge. If you provoke him once, he will scold you every day, or write your words on the street wall, or even make up ugly facts on the Internet to scold you, then his behavior violates the criminal law.
(8) When being scolded, it shall be handled separately according to the situation. If the circumstances are minor, argue with him and fight back with him in civilized language. If the other party refuses to tolerate it, the wisest thing to do is to call the police and let the public security educate him, usually by giving him a warning or a fine.
(9) In a fight caused by swearing, it is definitely wrong to start first. If it is a minor injury and constitutes a criminal case, the first one must bear certain responsibilities, and the second one can defend itself properly, so the responsibility is relatively light.
In the provisions of this law, then the' fight' caused by this swearing is also responsible for this law. If the circumstances are serious, this person may have to bear this criminal responsibility, because this person has committed a criminal offence caused by swearing. So, be polite and don't swear. This is also the embodiment of literacy.
What if someone scolds you for insulting others? Don't talk back. I'll teach you 1 to make the other person kneel for mercy.
People don't attack me, I don't attack. If people attack me, I will attack. Where there are people, there are contradictions, and where there are contradictions, there are quarrels. However, an argument is a quarrel, but you can't call names. There is a saying that people don't attack me, I don't attack, people attack me, I attack. When you are insulted by others, you must not be cowardly, submit to humiliation, and don't answer blows with blows.
Why do they dare to curse? They don't understand the law and think that swearing costs little. He thinks that even if you call the police, the police will only criticize and educate him, and will not have a bad influence on him, so he will swear without scruple.
But I tell you, that's just his personal opinion. Actually, he was wrong. If I teach you a way to detain him today, do you think he dares to swear? what should he do ？ First, when someone scolds you, the first thing you should do is not to scold you angrily, which will only make things worse and develop in a direction that is unfavorable to you. In addition, it is obvious that you have no quality and self-restraint, let alone submit to humiliation and do nothing, which will only encourage you.
Step 2: After the recording is finished, all you have to do is call the police. When calling the police, remember not to say that someone has scolded you, but that someone has caused you trouble, because according to Article 26 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, making trouble will be punished by detention for more than 5 days 10 days.
You can also impose a fine of not more than 500 yuan. If the circumstances are serious, you can be detained for not less than 10 and not more than 15, and you can also impose a fine of not more than 1000 yuan. When the police know the situation, they may say, he didn't just scold you. How can you call the police and say it's a provocation? At this time, you showed the recording to the police, saying that you beat others at will and insulted others at will, which was a provocation.
Step 3: After arriving at the police station, the police will further understand the specific situation and impose administrative detention punishment according to the seriousness of the other party's illegal behavior, or if the circumstances are bad and constitute a criminal offence, they will file a case for handling, and the consequences will be more serious. If the police insist that the other party's dirty words are wrong, but the circumstances are minor, they will not be detained. If so, you can tell the police that you can't detain him.
But you can't help punishing him. As evidenced by the recording, it is a provocation for him to abuse people at will. At least, you should give him an administrative warning. Ordinary police will not refuse your request. Why do you need an administrative warning? This is because it will form a criminal record. On the one hand, his children will be affected when they need political review when they join the army, enter a higher school, take an examination of civil service employment, and so on.
On the other hand, if he needs to issue a certificate of innocence in the future, he will be marked. He was punished by the public security organs for insulting others, which will be a stain on his life and have a great impact on his life. Unless he doesn't understand the law and the impact of administrative punishment and criminal punishment on himself and his children for a lifetime, anyone with a little knowledge of this law will want to kneel down and beg your forgiveness.
At this time, all the initiative is in your hands. It's much better to talk back or submit to humiliation. Swearing is risky, so be careful when you open your mouth. Never take the initiative to insult others in daily life, let alone answer blows with blows when others scold you, and let alone swallow your pride. But learn to take up legal weapons to protect yourself. This is the correct way to solve the problem.