Job Recruitment Website - Property management - In the process of solving problems in the owner's home, property management personnel secretly shoot videos and publish them maliciously, which has a bad influence on the owner. What should I do?
In the process of solving problems in the owner's home, property management personnel secretly shoot videos and publish them maliciously, which has a bad influence on the owner. What should I do?
One of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
According to Article 246 of the Criminal Law, the crime of insult
Whoever publicly insults others by violence or other means or fabricates facts to slander others, 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. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
According to Article 120 of the General Principles of Civil Law, the civil liability for infringement of personality rights.
If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he apologize, and he may demand compensation for losses. Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply.
Article 134 Ways to bear civil liability
The main ways to bear civil liability are: (1) stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) Compensation for losses; (8) Paying liquidated damages; (9) Eliminating the influence and restoring the reputation; (10) Apologize. The above ways of bearing civil liability can be applied separately or in combination. In trying civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate their illegal income and property, and may impose fines and detention according to law.
According to "the Supreme People's Court's Answers to Several Questions on the Trial of Reputation Right Cases"
X q: how to grasp the form of liability for infringement of reputation right?
Signing: According to Articles 120 and 134 of the General Principles of Civil Law of People's Republic of China (PRC), the people's court may order the infringer to stop the infringement, restore his reputation, eliminate the influence, make an apology and compensate for the losses.
Restoration of reputation, elimination of influence and apology can be done in writing or orally, and the contents must be reviewed by the people's court in advance.
The scope of restoring reputation and eliminating influence should generally be equal to the scope of adverse effects caused by infringement.
If a citizen or legal person claims compensation for the infringement of his reputation right, the infringer shall compensate the economic losses caused by the infringement; If a citizen requests compensation for mental damage, the people's court may make a judgment as appropriate according to the degree of fault of the infringer, the specific circumstances of the infringement and the consequences of mental damage caused to the victim.
1 1. Q: What should the infringed person do if he doesn't execute the effective judgment, restore his reputation, eliminate the influence and apologize to the other party?
A: If the infringed party refuses to execute the effective judgment, restore the reputation of the other party and eliminate the influence, the people's court may announce the main contents and relevant information of the judgment to the public through evaluation and newspaper publication. The expenses shall be borne by the person subjected to execution and may be handled in accordance with the provisions of Item 6 of Article 102 of the Civil Procedure Law.
You can look at it according to the above rules. If the other party is really involved, you can sue him in court. But before that, you have to collect relevant evidence.
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