Suggest alarm handling.
If the public security organ confirms that the informant is malicious after verification, it will be punished according to the Law on Public Security Administration Punishment, detained for less than fifteen days and fined. If the circumstances are serious, criminal responsibility will be investigated. Informants should actively cooperate with the inquiries and investigations of public security organs. If the informer's behavior causes damage to the informer, they may request compensation for infringement damages.
Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with the relevant provisions of the Civil Code. Civil rights and interests include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, guarantee right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Second, the punishment consequences of malicious reporting
If the other party fails to report truthfully and is suspected of false accusation and frame-up, if the circumstances are serious and you are suspected of committing a crime, you can defend your rights through legal channels. If the other party constitutes a crime of false accusation and frame-up, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Malicious complaint means that the complainant, in order to achieve his ulterior purpose, does not hesitate to reverse right and wrong, fabricate facts and report false contents and non-existent problems to the relevant departments. It also means that individual consumers make unreasonable demands, their behaviors are obviously unreasonable, and their language is rude. Despite reasonable and patient explanations, complaints still occur. Malicious reporting causes a waste of human and financial resources of the country, not to mention the reputation and mental trauma of the framed person. What's more, if the law enforcer who handles the report is as ignorant as Ma Zi, it may lead to disastrous consequences.
Because the person who is reported is a legal actor, and the psychological feeling of the person who is reported is completely different from that of the offender.
There are two basic elements in the crime of framing libel: fabricating facts and subjective intention.
Third, how to prevent it?
According to the analysis of the deep-seated causes of malicious reporting, it is not difficult to see that although the causes of malicious reporting are multi-level and it is unrealistic to completely solve them at this stage, malicious reporting can be effectively controlled by perfecting the system, reforming the existing law enforcement inspection methods and increasing legal publicity.
Establish a report acceptance system combining rewards and punishments, and clarify the rights and obligations of informants. Relevant laws and regulations can be formulated to regulate the reporting behavior of informants:
On the one hand, the rights of the whistleblower are clarified. If the report is true, the whistleblower can be given certain spiritual and material rewards, such as issuing a certificate of honor, a letter of commendation or a bonus of 65438+ 0%-5% of the amount of the illegal act, and the bonus can be capped.
On the other hand, the obligation of the whistleblower is clarified, and it is required to provide the identity certificate, actual residence address and contact information truthfully, and truthfully state the report or some simple evidence materials.
Of course, law enforcement agencies should keep the information of informants strictly confidential. It is suggested that the punishment method for malicious reporting should be clarified in the form of laws or regulations. For example, if losses are caused to the reported unit, the reported unit may file a civil lawsuit with the people's court and demand compensation from the informant, and the administrative law enforcement department may testify in court; Those who maliciously report unfair competition shall be investigated and punished in accordance with the Anti-Unfair Competition Law; Those who use malicious reports to intimidate others shall be handed over to judicial organs for handling.
It must be noted that malicious reports must be carefully identified and the subjective intention must be clear. For those who are misunderstood just through hearsay or eager to make meritorious deeds out of goodwill, we should give priority to criticism and education and should not punish them indiscriminately.
The above is about how to deal with malicious complaints about opening a restaurant. I hope it will help you. As the old saying goes, "don't do it with small evils." Perhaps in many people's minds, it's no big deal to report a person. As for whether he has it or not, it will be all right if he finds out. But no matter who, whether guilty or not, it is always uncomfortable to be said bad by others. So don't complain maliciously because of personal grievances.