One, introduction of details of a case
Classics of court of people of city of abundant of Guangdong province land makes public cognizance to find out: Because Xiao Qing of Cai of the accused person suspected Xu Mou to steal a dress when the clothing store of Cai tries the dress, in the video cut of this inn Xu Mou the graph deserves to go up " the pied that wear a flower is thief " after waiting for caption, upload its sina small gain to go up, and in an attempt to " person pork is searched " wait for means to undertake contemptuous to Xu Mou. Later, xu Mou commits suicide because of can'ting bear be insulted. After case hair, the parents of Cai and Xu Mou's parents are reached reconcile agreement, cai Fu's parent is one-time compensate for Xu Mou's parents 120 thousand yuan, xu some parents issue forgive a book, request to be punished lightly to Cai Xiaoqing.
Court of people of land abundant city thinks, because the accused person suspected to a dress is stolen when the clothing store that Xu Mou runs in its tries the dress, in the video cut of this inn the graph deserves to go up " the pied that wear a flower is thief " after waiting for caption, upload its sina small gain to go up, undertake contemptuous to her person avowedly, because can't bear be insulted diving committing suicide,send Xu Mou, the clue is serious, its behavior makes contemptuous crime. Relative of person of the accused after case hair and relative of the injured party reach intercessory agreement, relative of the accused person undertakes compensatory to the pecuniary loss of relative of the injured party, obtain family member of the injured party forgive. The accused person admits his guilt on the court, have contrition show truly, can punish lightly lawfully. Reach the harm level to the society according to the guilty fact of the accused person, clue, according to " criminal law " the 246th regulation, court of people of land abundant city sentences set term of imprisonment of Cai Xiaoqing of the accused person one year with insulting a blame.
After first instance is adjudged, the accused person refuses to obey, to Shan end city intermediate people court mentions appeal, the behavior that puts forward its to deliver small gain is belonged to find a person normally, do not make crime; Existence is causal between the suicidal act that proves its behavior and Xu Mou without enough evidence; Measurement of penalty of court of first instance is overweight. Its paraclete puts forward, it is OK that court of first instance holds this record to sue, belong to a program undeserved, applicable law is wrong. First instance maintains appellant to make the evidential inadequacy that insults a blame.
Cognizance of classics of court of intermediate people of Shan end city thinks, the behavior of affirmative appellant makes contemptuous crime; In the meantime, appellant uses a network to insult other, the effect that cause is big, range is wide, caused the serious consequence that the injured party dies, belong to order of serious harm society, to sue of procuratorate of people of land abundant city is not had undeserved. Rule thereby reject appeal, maintain original judgement.
2, expert commentate law
A term is involved in the introduction of details of a case of this case " person pork is searched " , this also is the substantial in behavior of record of experience of the accused person.
Really, "Person pork is searched " the Chinese expression that is not a standard, all did not collect in all sorts of dictionary. OK nevertheless and affirmative is, one kind when person pork search seems companion to develop and appear as network technology now searchs specific support of the people the way of clew, its are in bring huge advantage while, always also be accompanied with network force and be born. "Published the information of specific person possibly through the network because of its on one hand, and these information involve privacy more, it is the likelihood that the reputation that after the information such as specific person privacy is made public by the network, produces is damaged on the other hand. " how is this case maintained above all " person pork is searched " the conduct character that the suicide that send a person dies.
The scholar searchs person pork behavior fractionize to be two kinds big further, pure and open privacy with libel model. Such coming that look, the behavior that humanness goes in this case is open other privacy not just apparently, its are in and release without the place below the condition that cuts evidence truly " the pied that wear a flower is thief " wait for diction, have the property of apparent libel. Say further, although the father of Xu Mou of the injured party thinks Cai Xiaoqing sends small gain to undertake " person pork is searched " the thief that criticises its daughter is to steal the dress is belonged to out of thin air, but already died as a result of Xu Mou, cannot make a thorough investigation of whether do its have larcenous action, from " factual impeach is helpful for the accused " the principle sets out, cannot maintain Cai Xiaoqing to have the action of concoctive, dummy fact, its do not make friend libel.
In this case, the accused person sends the plan of video monitoring cut that the injured party shops to small gain, and clear demonstrate Xu Mou is thief asks " person pork is searched " , attribute the action that insults other character avowedly substantially. "Person pork is searched " have intense enlarge function, when the person that should be searched is contacted together with a certain event that has negative effect, the opinion that is obtained the person's moral character, ability, credit in the society by the search is reduced apparently, the reputation advantageous position that causes party is damaged badly. At this point, think Cai Xiaoqing sends small gain to ask " person pork is searched " behavior attributes contemptuous action, accord with the essence that behavior insults in criminal law.
Moreover, in this case, the behavior that the accused person thinks its deliver small gain is normal network seeks person action, the suicidal result that has evidence to be able to show its behavior and the injured party only has on time concern early or late, cannot prove both existence penal is causal directly. But in the judgment person look, from the point of Cai Xiaoqing's behavior, its release small gain to say not only " the pied that wear a flower is thief. Flesh of ask for help, often take a rich beautiful doggie to shop. The trouble helps transmit " , the much Zhang Jian when returning attach Xu Mou to shop accuses video cut to pursue. This are small rich is given out only a many hour, netizen at once spreads out " person pork is searched " with respect to the individual information Xu Mou, include school of full name, place, home address and individual picture total exposure, cai You is these information on small gain exposure. For a short while, begin to spread abusively even to all sorts of criticism of Xu Mou on the network. Ask from Cai " person pork is searched " the first small gain is released, to the following day Xu Mou gives out the suicide after last small gain in river side in the evening, lasted many hours 20 only. Many witness testimony confirms, event of this small gain is very big to harm of the injured party, feel Xu Mou mood is low apparently. Xu Mou serves as to have not enter society, life to be in economy is underdeveloped of small town in school is minor girl, face " person pork is searched " the moral adjudgement of network enlarge effect and numerous netizen first impressions are strongest, to future the life generates extreme fear, caused the serious consequence that the suicide dies finally, the suicide of the behavior that reason Cai Xiao Qing delivers small gain and Xu Mou has penal causal. In addition, the injured party can'ts bear " person pork is searched " be insulted and commit suicide the suicide dies, attribute demand of contemptuous blame place apparently " the clue is serious " case.
