(1) Civil liability
1 According to Article 22 of the Civil Law, if the personal rights and interests of others are infringed and serious mental damage is caused to others, the infringed may request compensation for mental damage.
2 "Defamation refers to the act of deliberately fabricating and spreading fictional facts, degrading the personality of others and damaging their reputation.
Defaming others will inevitably infringe on their right of reputation. Therefore, according to the provisions of the Civil Code, the infringer shall bear the civil liability for compensation for mental losses.
(2) Administrative responsibility
1 According to Article 42 of the Law on Public Security Administration Punishment, anyone who publicly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than 5 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 5 yuan.
It can be seen that anyone who slanders others or violates the Law on Public Security Administration Punishment shall be punished according to law, and the slanderer shall bear the administrative responsibility for public security administration.
(3) Criminal Responsibility
1 According to Article 246 of the Criminal Law: "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."
It can be seen that defamation of others, if the circumstances are serious, constitutes a crime of defamation and should bear criminal responsibility according to law.
2. Legal basis:
Article 246 of the Criminal Law of People's Republic of China (PRC)
Article 42 of the Law on Public Security Administration Punishment
Article 22 of the Civil Law
2. What is the compensation standard for libel?
1. Principles for determining damages
(1) Supplementary application principles. This is equivalent to the principle of "spiritual comfort". For mental damage, non-monetary compensation should be applied first. In the case that non-monetary compensation cannot fully protect the victim and punish the infringer, monetary compensation should be used to comfort and compensate the victim to a certain extent.
(2) the principle of fair application. Some people call it the principle of fairness or the principle of fairness and reasonableness. When monetary compensation is applied to mental damage, on the one hand, the civil sanction function of monetary compensation should be considered, so that the infringer can not benefit from the infringement; On the other hand, the victim should be given appropriate compensation according to the actual situation to make up for the mental damage he has suffered, that is, to prevent him from suffering losses.
(3) the principle of appropriate restrictions. If money is used to compensate mental damage, the amount of compensation should be limited, with social fairness and justice as the main consideration, otherwise there may be wild speculations in practice, which is not conducive to the realization of the real purpose of mental damage compensation.
(4) the principle of fault cancellation. According to Article 11 of the 21 Judicial Interpretation of the Supreme Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts, "If the victim is at fault for the occurrence of damage facts and results, the infringer's liability for compensation for mental damage may be reduced or exempted according to the degree of his fault." This paper expounds the application of the principle of fault offset in compensation for mental damage. The principle of fault offset is an important principle in civil liability. The application of this principle in compensation for mental damage is always consistent with the concept of civil law's own responsibility. If the victim is at fault for his mental damage, it is against this idea and unfair for the infringer to take full responsibility.
(5) The principle of judge's discretion. The so-called principle of judge's discretion, also known as the principle of free evaluation of evidence, means that the law allows judges to exercise discretion according to the actual situation of the case and certain rules and methods of evidence evaluation, so as to evaluate mental damage to a certain amount. Of course, when implementing this principle, the judge is arbitrary and subjective, and should make a correct balance of interests and value choice according to the legal concept of fairness and justice, the actual situation of the case and the necessary circumstances.
2. Factors to consider in determining the amount of compensation for mental damage.
(1) the degree of fault of the infringer. The fault degree of the infringer refers to the psychological state of the infringer at the time of infringement. Generally, it can be divided into intentional and negligence, and the damage caused to the victim in the compensation for mental damage caused by intentional infringement is generally far greater than the damage caused by negligence. At the same time, considering the subjective malignancy of the infringer, the responsibility of intentional illegal behavior is heavier than that of negligent illegal behavior. When the actor intentionally infringes on the rights of others, he will generally try his best, rack his brains and do whatever it takes, which is subjective and vicious and should bear heavier responsibility.
(2) profits of the infringer. Compensation for mental damage is a kind of spiritual comfort to the victim and compensation for mental loss, and also a punishment to the infringer. Only in this way can we achieve the purpose of preventing crime by law. Imagine that if a person makes money by making up the privacy disclosure of celebrities, it will inevitably infringe on the victim's reputation and privacy. For such infringement, if he only asks to eliminate the influence and apologize, but does not make huge compensation for the huge gains he has obtained, then the compensation will lose the meaning of punishment, and the infringer will not get the punishment he deserves, and more people will inevitably engage in such things to make huge profits.
(3) the infringer's ability to bear civil liability. Compensation for mental damage is not only a kind of spiritual comfort and psychological compensation for the victim, but also an education and punishment for the infringer. In order to achieve this goal, we must find a balance between the two in judicial practice. For the disadvantaged groups in society, this kind of behavior should be realized with weak punishment, while for the powerful groups in society, it should be punished with heavier punishment. There is a simple reason. Only by imposing heavier punishment on the powerful groups can we truly achieve the purpose of compensation for mental damage.
(4) the degree and consequences of the victim's mental damage. The consequences of infringement on victims are an important factor in determining the amount of compensation for mental damage. Of course, such consequences do not necessarily cause mental damage or suicide of the victim, as long as they reach a certain level. Of course, in judicial practice, the mental damage caused by the same tort is different for different people. For example, the infringement of a celebrity's reputation right is much greater in scope and degree than that of ordinary people. Therefore, we can give a heavier punishment, not only give full play to its social utility as much as possible, but also ask people to take this as a lesson and play a preventive role in illegal activities.
(5) the way, occasion and scope of infringement. Different means, different occasions, different behaviors and different consequences. It is generally believed that the spiritual damage caused by the dissemination of content that damages the personality rights of others in public places is far greater than that caused by the dissemination in private places. Constant beatings are also much more harmful than verbal insults. Male security guards do more harm to female customers than female service personnel.
(6) the local economic situation at the time of litigation. China is a country with extremely unbalanced economic development and uneven development in different regions. The eastern region is more developed than the central and western regions, and the imbalance between urban and rural development is also obvious. For developed regions, only by paying a higher amount of mental damage compensation can mental damage compensation achieve its soothing and compensation functions. For underdeveloped areas, it is also safe to determine the amount of compensation according to their own economic level and the infringer's responsibility ability, and finally find a balance point.
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