Here's the thing: Chen Mou, a woman, suffered from vomiting, fever, diarrhea and other symptoms after eating the online self-help pot. He died after being rescued. After judicial appraisal, the possibility of acute poisoning death caused by eating clam powder is not ruled out. Later, the negotiation was fruitless, and her husband, Mr. Lu, claimed 6.5438+0.76 million yuan from the merchant, thinking that it was over.
Unexpectedly, the "1.76 million rich clam powder" launched by Shiguo flagship store in the later period, accompanied by relevant reports and pictures, caused quite a stir, was questioned by public opinion and insulted the deceased, and was punished again.
Just say it. If you lose money, you will have a long memory and manage it well. As a result, I had to take this 6.5438+0.76 million as a topic to vent my anger and was fined 800,000. Why bother? ! In the end, it is oneself who wastes people and money. So we should know more about the law.
Now, let's discuss this topic further. Is it illegal to insult and slander the deceased?
I can tell you for sure that this is illegal. Insulting or slandering the deceased, if the circumstances are serious, is an illegal act and should bear corresponding legal responsibilities.
Article 10 1 of China's Civil Code stipulates that citizens have the right to reputation, including the right to protect the reputation of the deceased, which has been confirmed by China's judicial practice. The Supreme People's Court has made it clear in "Answers to Several Questions about the Trial of Reputation Right Cases" that if the reputation of the deceased is damaged, his close relatives have the right to bring a lawsuit to the people's court.
On March 1 2006, the Supreme People's Court extended the protection of the reputation right of the deceased to other personality elements of the deceased, including name, portrait, honor, privacy, remains and bones of the deceased, etc.
It can be seen that the protection of the reputation right of the deceased in China, even the protection of personality and identity rights such as name right, portrait right, honor right and privacy right, has sufficient legal basis and is sound. If someone breaks the law easily, they will definitely be investigated.
Another case about insulting and slandering the deceased is more convenient for us to understand. Let's look down together:
This happened on 20 18. On February 22nd 17: 30, Yangpu Branch of Shanghai Public Security Bureau received an alarm from the masses that someone slandered and insulted the victims of the Nanjing Massacre in the WeChat group.
What happened: At about 9: 30 in the morning, Meng Mou (male, 35 years old) clashed with other netizens in a WeChat group of more than 400 people. Then, he posted remarks such as "Nanjing killed 300,000 too little" in the WeChat group. Some netizens questioned that he insulted the victims of the Nanjing Massacre. However, instead of repenting, Meng went even further, saying, "More degrading", "Less killing" and "Only 300,000" caused public anger.
After investigation by the police, it is believed that Meng insulted and slandered the victims through the internet group on the grounds of "venting anger", which caused a bad social impact. According to the Law of People's Republic of China (PRC) on Public Security Administration Punishment, Meng's behavior constituted a crime of provoking trouble, and Yangpu police imposed administrative detention on Meng for 5 days according to law. Later, under the education of the police, Meng expressed introspection and repentance for his illegal behavior.
Through the above two examples, you will understand that in our country, the deceased also has personality. You can't talk nonsense, including targeting the deceased, just because you vent your personal anger and have fun. Otherwise, a little carelessness will break the law.
Therefore, in order to avoid insult and slander, we should learn to control our mouth and face the problem correctly with a good attitude.