The method of prosecution is as follows:
1, collect evidence, you can record swearing words, such as recording or something;
2. Consultation, consulting lawyers about related issues;
3, decided to appeal, to the court.
The filing of the crime of insult and libel is as follows:
1, libel and insult, only told to deal with, but seriously endangering social order and national interests. Because the case was handled after being told, it was a private prosecution.
2. Insulting others openly by violence or other means or fabricating facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention and public surveillance, and shall be punished as the crime of insult and slander, except those that seriously endanger social order and national interests;
3. If the victim informs the people's court of the acts prescribed by law through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
4. After the insulted person or the defamed person determines that the blatant insulting behavior and the libel behavior of fabricating and spreading rumors committed by the other party have constituted a crime, they can judge whether the behavior has harmed the national interests or seriously undermined the social order in light of the actual situation. If one of these two situations exists, it is a public prosecution case.
Elements of slander:
1. The object of libel, like the object of insult, is the personal dignity and reputation of others. The object of criminal infringement is a natural person;
2. The objective elements of libel. In the objective aspect of crime, the crime of libel is characterized by the behavior that the actor fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious;
(1) There must be an act of fabricating some facts, that is, the content of slandering others is completely fictitious. If the facts spread are not fabricated out of thin air, but exist objectively, even if they damage the personality and reputation of others, they do not constitute libel;
(2) There must be acts of spreading and fabricating facts. The so-called communication is the public communication in society. There are basically two ways of communication: one is text communication; The other is writing, which is distributed through posters, small-character posters, pictures, newspapers, books, letters, etc.
3. The main elements of libel. The subject of libel crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute libel crime;
4. Subjective elements of libel. The crime of defamation must be intentional subjectively. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will lead to harmful results that will damage the reputation of others, and hopes that such results will happen.
To sum up, abuse can be prosecuted. You can collect evidence and go to court to ask the other party to eliminate the influence, compensate for the losses and apologize. Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering. If the degree of abuse is very serious, you can file a criminal complaint with the public security organ, asking the public security organ to file an investigation, investigate the criminal responsibility of the perpetrator for the crime of insult and slander, and ask the perpetrator to compensate for the losses.
Legal basis:
Article 246th of the Criminal Law of People's Republic of China (PRC)
Insulting or slandering others openly by violence or other means or fabricating facts to slander others. If the circumstances are serious, they 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.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.