What is the legal sin of abusive slander against the wife?

The main basis for the judgment is, first, the second paragraph of Article 106 of the General Principles of the Civil Law, which stipulates that citizens and legal persons shall bear civil liability if they infringe upon the property of the state or the collective, or infringe upon the property or person of others due to their faults; Article 119 stipulates that a person who infringes on a citizen's body and causes injury shall be compensated for medical expenses, loss of income due to lost work, living allowance for the disabled, and other expenses. Judging from the provisions of these two articles, as long as you infringe, you must compensate. The husband was unintentionally at fault in the road traffic accident, but as long as he was at fault, he caused a tort on his wife's body, so he must be compensated.

The second basis is the entry into force of the new Marriage Law on 28 April 2001, which clearly stipulates in articles 13, 17, 18, paragraph 2 and 20 that husband and wife are equal in the family. There are several types of property in the common life of the husband and wife that are the personal property of one of the spouses: one is the pre-marital property of one of the spouses, the second is the medical expenses and living allowance for the disabled received by one of the spouses due to bodily injury, the third is the property that is determined in the will or gift contract to belong only to the husband or wife, the fourth is the daily necessities for the exclusive use of one party, and the fifth is other property that should belong to one party.

This provision makes it very clear that both the wife and the husband can have their own personal property during the existence of the marital relationship. Article 20 stipulates that husband and wife have an obligation to support each other, which means that the obligation of support between husband and wife is a legal obligation, and it is not necessary to maintain each other because one party has committed a tort against the other. From the relevant provisions of the General Principles of the Civil Law and the New Marriage Law, we can see that if the husband infringes on his wife, he must compensate, and the husband must use his personal property to compensate.

This compensation is also the wife's personal property after receiving it. Our new marriage law protects the legitimate rights and interests of wives. Because according to ordinary people, they may think that the loss is still the joint property of the husband and wife anyway, but the new marriage law is very clear in this regard. **：

Legal Analysis: Insulting another person can constitute the crime of insult, and the same is true for insulting a wife. Whoever, on the basis of relevant laws and regulations, openly insults others, or fabricates facts to slander others, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights.

Legal basis: Article 246 of the Criminal Law of the People's Republic of China: Whoever publicly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests.

Where the victim complains to the people's court about the conduct provided for in the first paragraph through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.

Hello, I'm glad to be able to answer for you, this is legally illegal. Those who insult or intimidate others, and the circumstances are heinous, are to be sentenced to up to five years imprisonment, short-term detention, or controlled release. Intimidation is the threat of harm to the rights and interests of others or the public interest, so as to make others feel fear and panic.

Question: Does the husband beat his wife swollen is considered domestic violence?

The head is swollen. Dear, of course this is considered domestic violence, if it is domestic violence, you can sue your husband. Then it is possible to sentence according to the law.

Question: How many years is the sentence for domestic violence?

pro, may constitute the crime of intentional injury, imprisonment for three years, domestic violence is a major fault, divorce can claim moral damages.

Of course, this also depends on the situation, what is the degree of his domestic violence, so that he can deal with this person legally.

Question: What if the husband said that he would kill his wife and children, and there was no recording.

Dear, if your husband says this, it means that there is a problem with his character, and without recording, evidence cannot be formed, and you can only sentence him according to the degree of his domestic violence.

Thus proceeding to sue him for divorce.

Question: What should I do if my head is swollen and I take a photo and I can't see it with the naked eye?

Kiss. If you can't see it with the naked eye, it's not evidence, you need to do an appraisal.

After identification, it can be certified as domestic violence.

Then you can sue him.

According to the provisions of the Criminal Law: Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Q: How to identify? What injuries can be identified as domestic violence, what if you hit it in the afternoon, what if it disappears the next day?

Dear, if it is domestic violence, you need to take the initiative to find evidence, such as audio and video recordings, etc., these are all yes, and it is difficult to use the general result as active evidence.

After the parties have suffered domestic violence, they should promptly collect and consolidate evidence to prove the existence of domestic violence.

How did your husband abuse you?

Legal analysis: After being defamed, the infringer may be required to stop the infringement, apologize, and compensate for losses. If the negotiation fails, they may directly report to the police to handle it, and if the circumstances are relatively minor, the public security organs shall impose an administrative punishment in accordance with the Public Security Administration Punishment Law, and if a crime is constituted, criminal detention shall be given.

Finally, a lawsuit can also be filed in the people's court.

Legal basis: Civil Code of the People's Republic of China

Article 1166:Those who infringe on civil rights and interests shall bear tort liability in accordance with this Law. "Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, exclusive rights to use trademarks, rights of discovery, equity, and inheritance.

Article 179:The main methods for bearing tort liability are: (1) stopping the infringement, (2) removing obstacles, (3) eliminating dangers, (4) returning property, (5) restitution to the original state, (6) compensating for losses, (7) making formal apologies, and (8) eliminating the impact and restoring reputation. The above methods of bearing tort liability may be applied separately or in combination.