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By: look91 - Manager Level 5 7-30 12:21
2. Although the chat records are made public, if the interviewer cannot be identified through the records (the questioner said that the identity of the person has been modified), it still does not constitute infringement. Because the other party has no evidence to prove that the person talking to is himself.
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It is definitely not an infringement, and the landlord can rest assured.
This matter does not meet the constitutive elements of the infringement.
1) the objective existence of the fact of damage, that is, property damage or moral damage must be objectively caused;
2) The act is illegal, and the actor is not liable for the damage caused by the lawful act;
3) there is a causal link between the wrongful act and the harmful consequences;
4) The perpetrator is subjectively at fault, including intent and negligence. If the perpetrator is not subjectively at fault, he is not liable.
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It does not count, it does not harm the interests of others, and it does not constitute an infringement.
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Two words!! It doesn't count as a violation!! As long as there is no economic peg, it's OK).
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1. This is an infringement of citizens' privacy rights, a kind of infringement of citizens' personal rights, and a civil tort, and the circumstances are serious and constitute a crime. 2. The right to privacy refers to the right of natural persons to enjoy the tranquility of their private life and the protection of their private life information in accordance with the law, and not to be disturbed, known, used, disclosed and disclosed by others. 3. If a citizen's privacy is infringed, he or she has the right to request the infringer to stop the infringement, take measures to eliminate the impact and restore the reputation, and the infringer shall apologize to the victim, and the victim also has the right to demand compensation from the infringer.
where a crime is constituted, criminal responsibility is pursued in accordance with law.
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The legal basis is the Tort Liability Law of the People's Republic of China
Article 2: 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 3: The infringed party has the right to request that the infringer bear the tort liability.
Article 4: Where the infringer shall bear administrative or criminal responsibility for the same conduct, it does not affect the tort liability in accordance with law.
Where tort liability, administrative liability, or criminal liability shall be borne for the same act, and the infringer's property is insufficient to pay, the tort liability shall be borne first.
Article 5: Where other laws have other special provisions on tort liability, follow those provisions.
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Compensation for losses;
7) Apologize;
8) Eliminate the impact and restore the reputation.
The above methods of bearing tort liability may be applied separately or in combination.
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1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) Returned property;
5) Restoration. the right to restitution;
6) Compensation for losses;
7) Apologize;
8) Eliminate the impact and restore the reputation.
In addition, some tortious acts shall also bear administrative liability or criminal liability.
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Consequence. Immoral behavior that damages one's image can be condemned at least and legally held legally responsible.
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