1. Evidence of libel by the parties concerned shall be collected and submitted directly to the court. 2. Specific prosecution practice: Prepare the following materials:
1) to make a complaint and get the basic registration information of the other party (name, address, legal representative, telephone number, etc.). ). You can write it yourself or ask a lawyer to write it for you. And copy according to the number of the other party;
2) Prepare the evidence, including the original and photocopy of the ID card, all the evidence and photocopies that are beneficial to you when there is a dispute with the other party, and other evidence and witness lists that may be helpful to you; 3) Bring legal fees; Go to court to file a case.
Two, the composition of the crime of libel shall meet the following requirements:
1. Objectively speaking, it is an act of deliberately fabricating and spreading fictional facts, which is enough to degrade others' personality and destroy their reputation, and the circumstances are serious.
2. The object of infringement is the personal dignity and reputation of others. The object of infringement is a natural person.
A, the actor must have the behavior of fabricating some facts, that is, the content of slandering others is completely fictional. 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 slander.
B, there must be acts of spreading fabricated 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 text, which is distributed through posters, small print posters, pictures, newspapers, books, letters and other methods. The so-called "derogatory enough" refers to the fabricated and disseminated false facts, which may completely degrade the personality and reputation of others, or have actually caused actual damage to the personality and reputation of the victim. If you spread false facts, but it is impossible to damage the personality and reputation of others, or it does not damage the personality and reputation of others, it does not constitute slander.
C, libel behavior must be aimed at a specific person, but don't have to name names, as long as you know who the victim is from the content of libel, it can constitute libel. If the facts spread by the actor have no specific target and it is impossible to degrade someone's personality and reputation, it cannot be punished as libel.
It is a serious crime to fabricate facts and slander others. Although there are acts of fabricating facts to slander others, if the circumstances are not serious, they cannot be punished as libel. The so-called serious circumstances refer to fabricating facts to slander others many times, causing serious damage to others' personality and reputation, causing bad influence by fabricating facts to slander others, making them insane or causing the victim to commit suicide, and so on.
How to say goodbye to slander?
1, complain and learn the basic registration information of the other party (name, address, legal representative, telephone number, etc.). ). You can write it yourself or ask a lawyer to write it for you. And copy according to the number of the other party; 2. Prepare evidence, one original and one copy of your ID card, all the evidence and copies that are beneficial to you in the dispute with the other party, and other evidence and witness lists that may be helpful to you. 3. Bring legal fees; Go to court to file a case.
Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, he 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.
The process of suing for libel
1. Evidence of libel by the parties concerned shall be collected and submitted directly to the court. 2. Specific prosecution practice: Prepare the following materials:
1) to make a complaint and get the basic registration information of the other party (name, address, legal representative, telephone number, etc.). ). You can write it yourself or ask a lawyer to write it for you. And copy according to the number of the other party;
2) Prepare the evidence, including the original and photocopy of the ID card, all the evidence and photocopies that are beneficial to you when there is a dispute with the other party, and other evidence and witness lists that may be helpful to you; 3) Bring legal fees; Go to court to file a case.
Two, the composition of the crime of libel shall meet the following requirements:
1. Objectively speaking, it is an act of deliberately fabricating and spreading fictional facts, which is enough to degrade others' personality and destroy their reputation, and the circumstances are serious.
2. The object of infringement is the personal dignity and reputation of others. The object of infringement is a natural person.
The act of fabricating facts and slandering others must be serious to constitute this crime. Although there is an act of fabricating facts to slander others, if the circumstances are not serious, it cannot be punished as this crime. The so-called serious circumstances mainly refer to the repeated fabrication of facts to slander others; Fabricating facts and causing serious damage to the personality and reputation of others; Fabricating facts to slander others, causing adverse effects; Defamation of others leads to the victim's mental disorder or suicide, and so on. If there is no such consequence, it does not constitute libel.
How to bring a lawsuit to the court in case of libel or slander?
If you are insulted or attacked, you can sue. After the libel incident, the way of prosecution is as follows: 1. With evidence, you can record swearing words, such as audio recording, video recording and chat recording. 2. Consulting, consulting lawyers to solve problems. 3. Decide to appeal and bring a lawsuit to the court. Legal Analysis Civil Procedure Law, as a procedural law that stipulates civil litigation, has clear provisions on prosecution materials, conditions and trial period. The criminal law stipulates clear evidence when the parties go to court to sue others for libel and framing. These are all necessary materials for prosecution. To get the court to file a case. The constitution of the crime of libel shall meet the following conditions: 1. Objectively speaking, it is an act of deliberately fabricating and spreading fictional facts, which is enough to degrade the personality and damage the reputation of others, and the circumstances are serious. 2. The object of infringement is the personal dignity and reputation of others. The object of infringement is a natural person. A, the actor must have the behavior of fabricating some facts, that is, the content of slandering others is completely fictional. 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 slander. B, there must be acts of spreading fabricated 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 text, which is distributed through posters, small print posters, pictures, newspapers, books, letters and other methods. The so-called "derogatory enough" refers to the fabricated and disseminated false facts, which may completely degrade the personality and reputation of others, or have actually caused actual damage to the personality and reputation of the victim. If you spread false facts, but it is impossible to damage the personality and reputation of others, or it does not damage the personality and reputation of others, it does not constitute slander. According to the provisions of Article 210 of the Criminal Procedure Law of People's Republic of China (PRC), cases of private prosecution include the following situations: (1) cases that are handled only after being told; (2) Minor criminal cases proved by the victim; (3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.
Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, he 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.