12. Life is greater than the sky
Regarding this, Li Chen was not joking.
He has a lot of classic cases and perfect measures in his mind...
A good lawyer wants to do things...
"It seems that I need to popularize the relevant legal knowledge for you again."
Li Chen looked at the barrage in the live broadcast room, and the word report kept appearing, showing a smile: "If you maliciously report others, you can be held accountable according to the crime of rumor-mongering, and if you do it properly, you can also send the other party in." ”
"I'll give you another example."
"Zhang San is an online anchor and a lawyer, and what he usually does is to popularize the law with netizens, and tens of thousands of people watch each live broadcast in the live broadcast room."
"said that one day, suddenly a new netizen entered his live broadcast room, and saw that his live broadcast room was full of reports and a bunch of messy words, and he was a little puzzled"
"This guy is a more serious person, and he wants to do something positive."
"Seeing the state of his live broadcast room, I thought that this lawyer was not serious, so he put the content of his live broadcast room on the Internet, and after the continuous fermentation of public opinion, more and more netizens who did not know the truth entered his live broadcast room to insult him, and some people even doxxed him."
"The lawyer saw that the time was almost up, and it was time to close the net, so he reported the case to the relevant departments."
"Excuse me, can this lawyer Zhang San hold these netizens accountable?"
After speaking, Li Chen picked up his teacup and took a sip of tea.
"Big brother, I didn't report it, this matter has nothing to do with me."
"I didn't take screenshots, everything was done on the first floor."
"What's that, my wife gave birth to a child, so let's go first..."
"My girlfriend is pregnant, I'm going to see if I've given birth..."
"My girlfriend... Bad luck... I don't have a girlfriend..."
"Anchor, everyone is just laughing, you won't do this, right?"
Can it be held accountable?
The answer is yes.
There are many ways to pursue accountability, especially at this stage, when the state has begun to pay attention to the online environment, and it is impossible not to protect the legitimate rights and interests of the infringed person because of a joke.
At the beginning of 2016, Bluestar China also officially adopted and began to implement network management measures, linking network actions with reality.
I know it all...
The Internet is not a place outside the law, and this sentence is not a casual statement...
"Let's move on to the next case."
Li Chen didn't continue to care about the words and deeds of these sand sculptures, it was definitely not because they swiped the gifts.
People make jokes to you to liven up the atmosphere, but you give people a platform, as an anchor, especially if the number of fans does not meet the 300,000 required by the system...
"It's also about people's lives."
"It is said that Li Si is an entrepreneur, and suddenly one day, his business went bankrupt, and he wanted to jump off the building because he couldn't bear the blow."
"When he came to the top of the building and stood on the balcony, he was a little entangled, saying whether I should jump or not?"
"And directly below him, there are a bunch of melon-eating people taking pictures there with their mobile phones."
"Time flickered, two hours passed, and this Zhang San was a little impatient."
"Shout at Li Sisi on the balcony, do you jump or not, Lao Tzu didn't bring a power bank today!"
As soon as his words fell, Li Si jumped down with a whoosh.
And after Zhang San saw this person jumping down. Immediately picked up his mobile phone to capture the picture, and after taking the photo, he took a picture again, and then sent it to the circle of friends. ”
"Another living life is gone, may the departed rest in peace."
Li Chen, who finished telling the case, looked at the live broadcast room: "Let's talk about it, does this Zhang San's behavior constitute a crime?" ”
"It must be constituted, if he hadn't said it, how could Li Si have jumped?"
"It's really annoying to these people watching the excitement, why don't you call me?"
"I've met such people in reality, but in the end they didn't have anything at all, it's too disgusting."
"Indeed, this kind of behavior is a bit unconscionable, and everyone will only say that he has no morals."
Li Chen nodded and said, "Because this Li Si couldn't think of it himself, not Zhang San's instigation, his behavior did not constitute a crime. ”
"It was said that Li Si was on the balcony and was about to jump off the building, and several law enforcement officers were on the side to persuade him."
"Brother, think about your wife and children, your life is still very beautiful."
"This Li Siyi shouted loudly when he heard this, my wife ran away with someone else, and the child is not mine, so he jumped off the balcony with a bang."
"May I ask the person who opened his mouth to persuade him, does his behavior constitute a crime?"
Li Chen glanced at the live broadcast room and continued: "It's definitely not constituted, right." ”
"Because the good Samaritan meant to save him, not to provoke him to jump off the building."
"If, a few well-wishers enlightened Li Si on the side, and Zhang San shouted loudly below, saying that he didn't dare to jump, but this Li Si heard it, and shouted back, Who don't dare, jumped down with a bang, may I ask if this Zhang San has committed a crime?"
Li Chen looked at the live broadcast room, obviously many netizens were quite disgusted by this issue.
In life, there are a lot of people who don't think it's a big deal to watch the excitement...
"It seems that the netizens in my live broadcast room have a very correct outlook."
Li Chen put away his smile and answered this question seriously.
"First of all, what is Zhang San's behavior?"
"Directing someone to jump off a building? Definitely not. ”
"What about instigating others?"
"Definitely not."
"Because there is no clear law in my country, others who jump off a building will also bear criminal responsibility."
"Then how should Zhang San's behavior be convicted?"
Li Chen looked at the live broadcast room and said: "Obstructing law enforcement, this is the first crime that can sentence the other party." ”
"Several law enforcement officers from the Armed Forces Association were there to persuade Li Si bitterly, but Zhang San deliberately provoked Li Si, and his behavior could be regarded as obstructing law enforcement."
"Then the second one, disturbing public order."
"Why it can be defined as the crime of disturbing public order, first of all, we must understand what kind of state normal public order is."
"Is it to watch the excitement, or to persuade and find a way to bring the jumper back to his senses and rekindle his beautiful yearning for life?"
"This is important and can be punished as a major offense."
"According to the relevant laws and regulations, disrupting public order, the circumstances are serious, and the ringleader is sentenced to fixed-term imprisonment of not less than three years but not more than seven years, is Zhang San's conduct serious?"
"It's very serious, because compared to the standard of filing a case, Li Si is a life."
"Can life be measured? Definitely not, right? ”
"Life is bigger than heaven!"
……