The crime most related to insult should be the crime of insult and slander in Article 246 of the Criminal Law, but this crime needs to meet the standard of serious circumstances. Therefore, you can't just say two dirty words to convict, but also attach a case to feel the degree of crime.
Attachment: Criminal Law
Article 246 The crime of insult and slander publicly insults others by violence or other means or fabricates 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.
This charge is a charge of private prosecution, that is, the victim has to go to court to prosecute himself, unlike crimes such as murder and robbery, which are prosecuted by the procuratorate. This means that there is no public security organ to help us investigate and collect evidence, and the private prosecutor needs to collect evidence on his own, which undoubtedly increases the difficulty of litigation. Once the evidence is insufficient, it is easy to lose.
After going through the cases for a long time, I only found a case in which the private prosecutor won the case temporarily, and posted it below:
Criminal ruling of second instance on Qi Moumou's insulting crime-(20 1 8) Hu 01ZZZZ No.2080.
However, China's legal liability system is complete. If the seriousness of the circumstances is not up to the standard of crime and criminal responsibility cannot be borne, we can consider reporting the case to the public security organ, so that the offender who insults others can bear administrative responsibility. Simply put, it was fined and detained by the public security organs for several days. Because the "Public Security Administration Punishment Law" stipulates that acts that are socially harmful but do not constitute a crime can be punished for public security administration.
Attachment: Public Security Administration Punishment Law
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 more than five days and less than ten days, and may be fined up to five hundred 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.
This is often mentioned by people in into the pit. Moreover, the perpetrators often refuse to accept the detention, and even file an administrative lawsuit to ask the public security organs to cancel the punishment and apply for state compensation. However, they are often beaten in the face, which further commits their own illegal acts. You can see a case.
Chen Meihua et al. v. Jing 'an Branch of Shanghai Public Security Bureau-Shanghai 03 Bank (2017) No.980.
It doesn't matter if there is no general social harm, it doesn't constitute administrative responsibility, it's just a general infringement, and it can be remedied through civil litigation. In this regard, there is a special chapter in the general principles of civil law.
Attachment: General Principles of Civil Law
Article 101 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
Article 120 If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and he may demand compensation for losses.
Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply.
Here are two cases to feel the protection of personal dignity and reputation.
1. Zhang Jing v. dispute over infringement of reputation right under Lingfeng network environment.
2. Xue v. Yang Xiufeng's case of insulting and cursing his house for violating personal dignity and spiritual damage.
To sum up, abuse can be convicted, but the circumstances are very serious. Otherwise, we can only consider letting the other party bear administrative liability or civil liability.