1. When a private prosecution is initiated, the victim or his legal representative, close relatives and his agent ad litem may directly file a lawsuit in a people's court with jurisdiction in written or oral form within the statutory limitation period. Private prosecution is generally in written form, that is, criminal private prosecution should make a private prosecution and submit it to the court. However, if the private prosecutor has difficulty in writing the complaint, he can inform him orally, and the staff of the people's court will make the complaint and read it to the private prosecutor, who will sign or seal it after confirming it.
2. The statement or telling record shall include the following contents: (1) the names, gender, age, nationality, place of birth, education level, occupation, work unit and address of the private prosecutor, defendant and agent; (2) The time, place, means, circumstances and harmful consequences of the defendant's criminal act; (3) Specific claims; (4) The name and specific time of the people's court; (5) Testimony of witnesses. (five) the name and address of the witness and the name and source of other evidence. If there are more than three defendants, the private prosecutor shall provide copies of the private prosecution according to the number of defendants.
3. The people's court shall decide whether to file a case within 15 days from the day after receiving the private prosecution or oral notification, and notify the private prosecutor in writing or ask the informant. For the case that has been filed, if the private prosecutor has insufficient evidence of guilt after examination and the private prosecutor cannot provide supplementary evidence, it shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution. However, if the private prosecutor puts forward new evidence that can prove the defendant guilty and re-charges, the people's court shall accept it.
4. Defamation, if the circumstances are serious, constitutes defamation. If negotiation fails, evidence can be collected in time, and a lawsuit can be brought to the court where the defendant is located, requiring the other party to bear civil tort liability, apologize and compensate for mental losses.
5. If a criminal libel is filed with the court, the parties concerned should also provide a written document, that is, a criminal complaint, and then the court will decide whether to accept it after examination. Of course, in real life, not all libel will constitute a crime, and it must meet the conditions prescribed by law.
In the face of insult, slander and slander, the following measures can be taken:
1. Collect and preserve evidence. Save the evidence by taking screenshots, recording screens, etc., and go to the notary office for evidence preservation when necessary.
2. Contact the platform to complain. According to the regulations of the platform, insults, slanders, slanders and other contents will be handled through the function of reporting or complaining.
3. Report the case to the public security organ. If the circumstances are serious or occur many times, you can report the case to the public security organ and ask for investigation.
4. Legal channels. You can bring a civil lawsuit to the court according to law, demanding to stop the infringement, apologize and compensate for the losses. If the circumstances are serious and are suspected of insult or slander, criminal proceedings can also be brought to the court.
5. Ask the platform to disclose the infringer's information. In some cases, the online platform can be required to provide the identity information of the infringer so as to take further legal action.
to sum up, those who have been maliciously slandered by others can ask the malicious slanderer to eliminate the influence and apologize. If the malicious slander is serious, they can sue the slanderer in court.
Legal basis:
Article 246 of the Criminal Law of People's Republic of China (PRC)
Whoever publicly insults others or fabricates facts to slander others by violence or other means, 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.