Article 2 of the Tort Liability Law infringes upon civil rights and interests and shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Twenty-second violations of the personal rights and interests of others, causing serious mental damage to others, the infringed may request compensation for mental damage.
Extended data
Case:
Lao Wang followed his son Xiao Wang and found that his son was having an affair, so he posted posters in the residential area where Xiaosan lived, insulting his "Xiaosan behavior". Ms. Li, who was accused of being a mistress, filed a lawsuit in court, demanding that Lao Wang apologize and compensate for the losses. The court held that Lao Wang's behavior constituted infringement.
20 12 On May 20th, Wang Ming, who was almost puzzled, finally got married at the urging of his parents, and his wife gave birth to a son the following year. But in June of 20 13, Wang Ming suddenly asked his wife for a divorce. Father Lao Wang learned from his daughter-in-law that his son might be having an affair, so he began to follow his son and found a woman surnamed Li eating with her son many times.
So Lao Wang followed the woman to find her residence and posted posters in the community where the woman lived, insulting her "small three behaviors." Later, Ms. Li sued Lao Wang to the court, demanding that Lao Wang stop the infringement, apologize and compensate for mental damages of 6,543,800 yuan.
During the trial, Lao Wang said that Ms. Li and her son Wang Ming used to be colleagues, and Ms. Li and her son kept proper relationship. It was Ms. Li's behavior that led to the breakdown of her son Wang Ming's family.
At the same time, Lao Wang admitted the fact that he insulted Ms. Li by posting posters, saying that he did post posters with abusive and insulting language on the bulletin boards of several communities near Ms. Li's home, but Lao Wang said that it was not malicious slander, so he refused to apologize and refused to pay compensation for Ms. Li's mental damage.
After the trial, the court held that Lao Wang used insulting language in the newspaper, which vilified Ms. Li's personal image, subjectively derogated Ms. Li and reduced her social evaluation. It posted the newspaper on the bulletin board of the community and spread inappropriate comments, which objectively caused Ms. Li's social evaluation to be derogated and should bear the corresponding tort liability.
People's Daily Online-The old man followed his son and found that "Little Three" posted a big-character poster, scolding him for destroying the family.