The right of human dignity is the core right of personality right. What is the right to dignity? You in anger a person as you edit personal aggressive short message language, can be thought has violated rights of the other person's dignity, don't figure at that time the lips verging, a moment of anger, let oneself become vulgar. Here's an example of how to respond to an insulting message.

The case back

Lin has a relationship with wang, and husband wang has an improper relationship with the foreigner. Since April 2011, the two sides have severed ties. During his time with wang, yan was registered with his id card to purchase the mobile number 138 mobile phone number of China mobile, and used it. Yan and wang also exchanged mobile phones and the number.

Since October 2011, the wife Lin mou on the mobile phone began to appear constantly from the number of 138 mobile phone to send information, information content mostly to associate a yan and wang mou during intercourse happens and the details of the affair, ribaldry content, use large amounts of obscene language and abusive language, and send information quantity, short time interval, the frequency is high.

Wife yan Lin mou think the behavior of a disturbed the normal life, to the life and work have caused serious influence, so Sue to the court, requests strictly ordered a stop harassment and compensation for damages of RMB 100000.

Trial results

After the court has accepted the case, one in February 2012, yan has self will cancel 138 mobile phone Numbers, but 138 mobile phone number for the strict one to register and use, and through mobile phone text messages and yan and wang mou can confirm the relationship between information artificially strict one himself, so the court verdict, yan a stop immediately by mobile phone text messages to the infringement behavior of pingyuan personality dignity rights; Yan mou pay Lin a spiritual compensation of 5,000 yuan.

The judge said

Human dignity is that the citizens as a "person" at the very least, social status and respected by the society and others at the very least, human dignity is not swayed by others illegally, interference and control, for others malicious insult or derogatory remarks about their personal dignity behavior, shall bear tort liability.

In this case, a strict and the husband of pingyuan wang mou adultery, destroy the pingyuan marriage and family, and for a long time by sending SMS to harassment of pingyuan, filthy, ribaldry, use a lot of abusive language. , promote the use of SMS harassment others privacy, use vulgar language to personality insult others behavior, is bound to cause of pingyuan personality insult, peaceful life interfere with, mental pain and distress.

Yan a subjective when implementing this harm behavior of pingyuan the injury consequence is actively pursuing deliberate, objectively pingyuan human dignity rights have been infringed, it should be harm behavior violation of human dignity rights of tort liability.

For severe one shall bear tort liability way, according to the supreme people's court on civil tort liability of compensation for mental injury to explain some issues of article 8 of the regulations, "caused by the infringement spirit damage, thereby causing serious consequences, the people's court in addition to the ordered the infringer to stop the infringement, restore reputation, eliminate the influence, to apologize to civil liability, can be ordered according to the victim party request the compensation for spiritual damages accordingly."

Strict of pingyuan a long-term, sustained SMS harassment and insulting language, caused serious mental damage to pingyuan, therefore, Lin mou shall have the right to request strictly according to the regulations to stop the infringement and the corresponding civil liability of the emotional distress compensation, the final court also support the pingyuan two claims in accordance with the law.

But, for mental damages of the specific amount, the court did not fully support the strict one, the reason is that the court for mental damage compensation must be according to the stipulations of article 10 of these explanations of these six factors to comprehensive judgement:

(1) the extent of the fault of the infringer, unless otherwise stipulated by law;

(2) specific circumstances, such as the means of infringement, the manner and manner of the act;

(3) the consequences of the infringement;

(4) profit of the infringer;

(5) economic capacity for the responsibility of the infringer;

(6) the average living standard of the place where the court is located.

So in the final court, according to the specific circumstances of the case, the court decided to pay a compensation of 5,000 yuan.

This case suggests that citizens' right to human dignity is protected by law, and it is forbidden to infringe upon the dignity of citizens in various ways, such as insult, defamation and publicizing privacy.

Even if the offender by SMS harassment, insulting language under the condition of the third person is present or not known big ruchao, infringes upon the victim's dignity, not even as the language the content of the insult and results in the decrease of the social evaluation of the victim, the offender may also undertake corresponding tort civil liability.