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Where various methods are used to maliciously slander the reputation of others, and the circumstances are serious and cause certain consequences to others, they may file a lawsuit with the court requesting that they be pursued for criminal responsibility. ”
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This should be analyzed on a case-by-case basis, and if the other party's behavior is relatively minor, it may only constitute infringement. If the other party's right to reputation is violated, if the other party's behavior is serious, it may be suspected of a criminal offense. Therefore, it is necessary to analyze the specific situation on a case-by-case basis, design professional issues, and recommend entrusting a lawyer to deal with them.
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Destroying the reputation of others, if it is deliberately exaggerated, destroying the reputation of others is an illegal act and a crime of false accusation.
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Depending on the specific circumstances of the matter, if it is very serious, it may involve breaking the law, so consider taking legal routes.
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According to the provisions of China's Criminal Law, if an individual's reputation is illegally corrupted by defamation or other means, it is a relatively serious circumstance, and a private prosecution can be filed with the court and the slanderer may be required to restore his or her reputation.
What evidence is required to protect the right to reputation?
1. Evidence to prove the qualifications of the parties.
2. Evidence to prove the existence of the infringement.
1) Evidence that the news** or books report falsely to citizens or legal persons and damage their reputation. Such as the original carrier of the content of the report.
2) Literary works that fabricate facts, insinuate and slander others.
3) Evidence of verbal, written, or violent personal attacks, insults, or degrading of others. Witness testimony and written materials may be adduced.
4) Evidence that defames the reputation and credibility of others by concealing the truth, fabricating facts, and disseminating them, or harming the dignity of others.
3. Evidence to prove the harmful consequences caused by the fact of infringement, such as the disposition of the unit, the mental blow of the party and the mental illness, and the decline of the economic benefits of the legal person.
4. If the defendant claims exemption, it shall provide evidence that it is not at fault or has not damaged the plaintiff's right to reputation.
5. Where there is a specific litigation claim, the calculation method, basis and list of the amount of the litigation claim shall be submitted.
Legal basis
Criminal Law of the People's Republic of China
Article 246.
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.
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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