On September 13, the reporter learned from Ziyang Branch of Yiyang Public Security Bureau that a few days ago, Fu, a man from Yuanjiang, repeatedly insulted the presiding judge because he refused to accept the court decision, and burned wreaths and paper money outside the court. Afterwards, he was administratively detained for publicly insulting others.
The official WeChat of Ziyang Public Security Bureau reported that on September 5, the police station of Ziyang Public Security Bureau investigated a case of insulting others and arrested Fu (male, 4 1 year old, from Lijiang, Yiyang). After investigation, Fu refused to accept the judgment of Ziyang District People's Court in Yiyang City. On the morning of September 5, he publicly insulted the presiding judge in the office of Ziyang District Court in Yiyang City and in the corridor, and was later persuaded by the people next to him. In the afternoon, Fu burned wreaths, paper money and set off firecrackers in the open space outside the wall of Ziyang District Court, and pointed to the window of the presiding judge's office to present him with wreaths and paper money. At present, Fu has been administratively detained by the public security organs for publicly insulting others.
"After the court called the police, we quickly investigated and collected evidence, and the parties accepted the punishment." On the afternoon of 13, Liu, deputy director of the police station, told the xiaoxiang morning herald reporter that after receiving the alarm on the afternoon of the 5th, they summoned Wei according to law, and investigated and collected the contents of the alarm. Because the facts are clear and the evidence is conclusive, he was punished by administrative detention 10 according to law.
Liu introduced that Fu was a party to a civil economic dispute and lost in the first instance. On the morning of September 5, when he went to Ziyang District People's Court to receive the verdict, Fu was emotional. He not only hammered the presiding judge's desk, but also cursed the judge, which seriously affected the normal office order of the court. On the afternoon after the persuasion, Fu actually bought a wreath and other sacrificial items, and publicly stated outside the court that it was for the judge who insulted him in the morning. "It has seriously affected the reputation of judges and violated the law."
Lawyer's statement
If you refuse to accept the judgment, you can appeal or report to the Commission for Discipline Inspection.
Lawyer Liu Liang of Hunan Chaoyang Law Firm believes that the right of reputation refers to people's comprehensive evaluation of morality, talent, reputation, reputation and image, which is an important content of personality right and protected by law. The right of reputation is the right that people enjoy objectively evaluating themselves and excluding others' infringement according to law, which is mainly manifested in the right to dominate reputation interests and the right to maintain reputation.
With regard to Fu's above-mentioned behavior, Liu Liang believes that Fu infringes on the personal reputation of the presiding judge, and the victim can file a civil lawsuit according to law, demanding that the infringer stop the infringement, apologize and compensate a certain amount of mental damages. Because Fu objectively has insults, slanders and other facts that damage the reputation of others. , and known to third parties; Fu is subjectively at fault, deliberately and maliciously belittling others and the object of infringement is a specific person; In addition, Fu's behavior caused serious damage to the reputation of the presiding judge.
In addition, from the perspective of public security management punishment, Liu Liang also said that Fu openly insulted others and damaged their personality, which violated the provisions of Article 42 of the Law on Public Security Management Punishment. The public security department may detain 500 yuan for five days or impose a fine. If the circumstances are serious, they may be detained for more than 5 days 10 and fined by 500 yuan.
Liu Liang suggested that if he was dissatisfied with the judgment of the court of first instance, Fu could appeal to a higher court according to law. If Fu believes that the presiding judge has engaged in malpractices for personal gain, abused his power, accepted property or other disciplinary actions during the trial of the case, he can also lodge a complaint with the court discipline inspection commission.
In any case, it makes sense to follow the formal laws. Don't do such unreasonable behavior.