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Maliciously insulting others, involving insulting others, generally violating the provisions of Article 12 of the "Public Security Administration Punishment Law of the People's Republic of China", and in ordinary circumstances, detention of up to 5 days or a fine of up to 500 yuan is to be given; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB. Where maliciously insulting others involves insulting others, and the crime of insult is constituted, on the basis of article 246 of the Criminal Law of the People's Republic of China, where violence or other methods are used to openly insult others, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights is to be given. The crime of insult is handled only after complaint, except where the crime of insult seriously endangers social order and national interests.
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China's law stipulates the right to reputation as an important personal right of citizens. The crime of insult refers to the use of violence or other methods to openly insult the personality of others, damage the reputation of others, and the circumstances are serious. Article 246 of the Criminal Law of the People's Republic of China provides:
Where violence or other methods are used to openly insult others or fabricate facts to slander others, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights is to be given. ”
At the same time, according to Article 42 of the Law of the People's Republic of China on Public Security Administration Punishments, anyone who openly insults others shall be detained for up to 5 days or fined up to 500 yuan. where the circumstances are more serious, they are to be detained for between 5 and 10 days and fined up to 500 RMB.
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Insult Shu Zhi is justified, lord!
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May constitute an insult or defamation. The general abusive behavior only infringes on the other party's right to reputation, constitutes civil tort liability, and is not considered a crime. However, if the insult is done in a heinous manner, if the insulting act causes serious consequences, or if the insulting act is committed repeatedly, the crime of insult shall be constituted and shall be punishable by fixed-term imprisonment of not more than three years, short-term detention, controlled release or deprivation of political rights.
Legal basis: Article 246 of the Criminal Law stipulates that whoever publicly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, 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.
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Acts of insulting others are punished as crimes only if the circumstances are serious. Those who commit any of the following acts are to be detained for up to 5 days or fined up to 500 RMB; where the circumstances are more serious, the first person is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB: (1) Writing threatening letters or otherwise threatening the physical safety of others; (2) Publicly insulting others or fabricating facts to slander others; (3) Fabricating facts to falsely accuse the framer of harming others, in an attempt to cause others to be criminally prosecuted or subject to public security administrative punishments.
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