On March 28, 2023, Shanghai Meiling Catering Management Co, an affiliate of Self-Hi Wok, was fined 800,000 yuan by the Shanghai Municipal Market Supervision Administration for publishing advertisements that run counter to good social mores.
The story goes like this: after consuming the self-high pot purchased online, a woman, Chen, suffered from vomiting, fever, diarrhea and other symptoms, which led to her death after the rescue, and the judicial appraisal said that the possibility of acute poisoning death due to the consumption of clam powder could not be ruled out. Subsequently, after consultations to no avail, Chen's husband, Mr. Lu, claimed more than 1.76 million yuan from the business, the matter was thought to be over.
What people did not expect is that since the Hi pot flagship store late launch of the "1.76 million rich models of clam flour", and with the relevant reports of the picture caused a stir, been questioned by the public opinion of the insult to the dead, and once again be punished.
You just say it, lost money long memory, good management on it. As a result, have to use this 1.76 million as the topic of dissemination of anger, and was again penalized 800,000, this is why the pain? In the end, the one who labors and hurts himself is still himself. Therefore, for the knowledge of the law, should need to know more.
Below, we are on this topic to further chat, in the end, insulting and defaming the dead criminal law?
You can tell for sure that it is against the law. The practice of insulting and slandering the dead, if the circumstances are serious, it is illegal, and will bear the corresponding legal responsibility.
China's civil law 101: citizens enjoy the right to reputation, including the protection of the reputation of the deceased, this point, has been confirmed by our judicial practice. The supreme people's court in the "on the trial of the right to honor the case of a number of questions of the answer" has been clearly stated: the reputation of the deceased has been damaged, his close relatives have the right to sue the people's court.
March 10, 2001 the supreme people's court in the "on the determination of civil infringement of moral damages liability for a number of issues in the interpretation" and the previous only on the right of honor of the deceased to extend the protection of the deceased to the other elements of personality, including name, portrait, honor, privacy, as well as the deceased's body, bones and other aspects.
It can be seen from this that our country's protection of the deceased's right to reputation, and even the name, portrait, honor, privacy and other personality and identity rights, have a sufficient legal basis, very sound. If someone breaks the law easily, they will surely be prosecuted.
To cite another relevant case about insulting and slandering the dead, so that it is more convenient for us to understand, follow me down:
This happened in 2018, just on February 22, 17:30 that day, the Shanghai Municipal Public Security Bureau, Yangpu Branch, received a report from the public, saying that someone in the weibo group abuse and slander to insult the victims of the Nanjing Massacre.
About what happened: at about 9:30 a.m. on that day, Meng (male, 35) had a conflict with other netizens in a WeChat group of more than 400 people. Then, he posted in the WeChat group, "Nanking killed 300,000 is too little" and other comments. Other netizens challenged him to insult the victims of the Nanjing Massacre, but Meng did not repent, but instead intensified, and also said: "how about insulting", "kill less", "only 300,000 only! ", causing public anger.
Police investigation that Meng Mou for "venting personal anger" through the Internet group wantonly insulted, slandered compatriots, causing a bad social impact. According to the "People's Republic of China *** and State Security Administration Punishment Law", Meng's behavior constitutes a provocation, Yangpu police sentenced Meng to 5 days of administrative detention . Later, under the education of the police, Meng expressed introspection and remorse for his illegal behavior.
Through the above two examples, we understand it, in our country, the deceased is also a personality , can not because you let off steam, because of a moment of pain in the mouth, will be randomly talking nonsense, including against the dead also can not. Otherwise, a little inattention will violate the law.
So, to avoid insulting and defaming this situation, we need to learn to control their own mouths, to set a good mind to face the problem correctly.