From the "Microsoft Chen Ziyao Incident" of 200 1, the word "human flesh search" came into being. The "first case of human flesh search" in China is a case of Faye Wong (not Wang Jingwen) defending rights after human flesh search caused by Jiang Yan's suicide.
Jiang Yan, a female white-collar worker in Beijing, suspects that her husband Wang Fei is having an affair. Two months before her suicide, she serialized her mental journey in the form of a diary through her personal blog "Migratory Birds Flying North", thinking that Faye Wong had a proper relationship with others and her marriage failed, and so on.
Before Jiang Yan committed suicide, he told a netizen the password of his blog. After committing suicide, the netizen told her sister Jiang Hong the password of her blog, and Jiang Yan's blog was opened.
After that, there was a special article on this matter on the banner. Com, Tianya Community and "Migratory Birds Flying North" blog, and even articles denouncing Faye Wong, which disclosed Faye Wong's detailed personal information. The majority of netizens abused Faye Wong through the Internet, and even harassed the real information of Faye Wong.
On March 8, 2008, Faye Wong sued Daqi.com, Tianya.com and Beifei Migratory Birds. But at this time, I found an embarrassing thing: the root of this matter was that Faye Wong's personal information was leaked and his privacy was violated. But when we look at the law, the word "privacy" is used in dozens of laws, such as the Civil Procedure Law, the Criminal Procedure Law, the Law on the Protection of Minors, the Mental Health Law, the Law on Medical Practitioners and the Law on Lawyers. But it is the most important general principle of civil law that does not exist.
In judicial practice, the right of privacy is interpreted as a part of the right of reputation in the form of judicial interpretation, so the last case is tried as a dispute case of the right of reputation.
It was not until the Tort Liability Law of 20 10 that the civil rights and interests including "privacy" were formally established, and it was stipulated that network users and service providers should bear the tort liability if they commit infringement through the network. Then in the General Principles of Civil Law of 20 17, the right to privacy and reputation is officially listed as one of the rights of citizens.
Only in the Civil Code published last year and officially implemented in June 65438+ 10 this year did the relevant provisions on privacy and personal information protection be formally and completely made.
# Civil Code Publicity #11
2. How to deal with the "eggshell head" case?
The so-called "eggshell head" means that the victim's body is different from ordinary people, and his head is as fragile as an eggshell. When he is subjected to the same external force, the average person may not be seriously injured, but the "eggshell head" may be seriously injured or even killed.
So far, there is no clear and uncontroversial answer to how to deal with this case of minor violence causing death.
There are many such cases, so I won't elaborate on them one by one. And there are many related articles in a random search. To put it simply, the crime of intentional injury (causing death) is first considered in practice, followed by the crime of negligent death, and only a few cases are finally recognized.