325. Correct and reasonable response methods, may the victim post the video on the Internet still constitute a crime?

"I took a look at the barrage in the live broadcast room, and many people thought that the netizen who was framed in the subway station was right.

The reason why I say this is a direct act of empathy for this netizen.

Some netizens are asking:

Mr. Li, what should we do if we encounter such a problem? ”

Disconnected from the microphone with netizens, Li Chen began to answer the questions of netizens in the live broadcast room: "I was innocently wronged by others, and I couldn't find a reasonable way to solve the problem."

I don't do anything, and I can't swallow this breath in my heart..."

"Now, I'll give a unified answer to this question."

The barrage in the live broadcast room was a little antagonistic, so the mute mode began.

"First of all, we need to face up to the problem.

Before taking the next step, it is important to establish that we ourselves have been wronged. ”

"I have to say that there are always some people who will have such an excesses, thinking that they are born beautiful, others look at the way she is, she will think that you are peeking at her, you take out your mobile phone to do other things, others think you are secretly filming her, we can not rule out the existence of such a crowd, and it cannot be ruled out that there are indeed some special people who have special habits.

For example, it's okay to say that it's okay to have a mobile phone secretly take pictures of people's skirts and groping pig hands on the bus.

The most hateful thing is that after they have committed an act that has no bottom line, they still beat it up, throw the responsibility on the victims, and put forward outrageous words and deeds.

If you dress like this, you are secretly photographed, and you are definitely not a good person or anything like this.

We men have a group, and women have an individual group, but individual groups cannot represent a whole.

I also don't want my live broadcast room to have an excesses of men and women again, you can say that you haven't met good people, but you can't have no good people in this world. ”

"Now let's start answering questions."

"First of all, we need to figure out what we need.

What do we really need when we are wronged?

Apologize?

Since you have wronged me, you must stand up and make a reasonable solution to your actions.

Indemnify?

There are so many people in a public place, and you actually open your mouth to say that I am secretly taking pictures, which has caused great damage to my young mind, and I can no longer trust anyone.

There are many ways to compensate victims, but the most effective way to compensate them is through monetary compensation.

Only money can make up for my mental loss and make me forget about those unpleasant things. ”

"But whether it is an apology or compensation, there needs to be a reasonable degree, and the scope of this degree is enough for others to accept."

I'll take this netizen as an example:

He was framed by others when he was riding the subway, accused at random in front of so many people, and was pulled off the car by the company's security personnel afterwards, and the subsequent apology was not proportional to the influence brought by the whistleblower.

You framed me on the subway, and since it was a false accusation, you should apologize to me in front of everyone on the subway.

This is a key point, and the solution is simple:

When we encounter a similar situation and someone raises questions, we can also ask him rhetorically.

The reason you say I'm secretly filming you in front of so many people is because you think there's something unusual about my behavior.

But what if I can prove that my behavior is not abnormal?

At this time, the whistleblower will also give a corresponding reply to your question, and this reply must be kept as a legal basis for follow-up.

And when the other person gives you a reasonable answer, you can move on to the next step.

The composition of a matter requires a variety of elements, and a third person needs to come forward.

And the other passengers on the subway are very complete third people.

You can double-check the other person's reply, invite a third person at the subway station as a witness, and double-check the whistleblower's reply.

Because a reply that lacks reason does not have any legal effect, repeated confirmation can prove that the other party's reply is a well-thought-out answer, even if you are on the side of the court in the future. ”

"Now let's move on to the second part, what if a third party intervenes in the process of proving his innocence?

For example, if there are managers and law enforcement officers who come forward and want to take us down to negotiate privately, how can we solve the problem?

First of all, we need to control our emotions, because anger will not solve the problem, and only by calming down and doing so in a reasonable way can we maximize our benefits.

Whether it's law enforcement or security, their position is neutral from the start.

Of course, in order to avoid encountering unfair people, our mobile phone recording must not be stopped, which is a way to reasonably prove that we have been subjected to illegal means.

The next thing is also crucial, so you must remember it!

must take the first step to tell the process of the case, because you said that the other party is wronging you, and the other party reported you for secretly filming, which are two completely different concepts.

Once a third party has a bad impression, it is completely disadvantageous to us.

You talk about the problem first and tell the other person that you are ready to prove your innocence, and there is no reason for the other person to get out of the car to solve the problem.

If the other party does this, we can also accuse the other party through the audio and video recording in the mobile phone, saying that he and the other party are in the same group.

In the process of implementation, we must control our emotions and do not have unnecessary conflicts with the other party, because whether it is the security personnel of the subway station or the law enforcement unit, they have the obligation to maintain public order.

And the irrational behavior may eventually become a disturbance of public order and be punished by public security. ”

Again, a moment of anger can't solve the problem, and your behavior like that netizen is also very dangerous.

If you post an argument between you and another party online, you are likely to be sued by the other party. ”

Li Chen looked at the netizens in the live broadcast room with a serious face and said, "Because this matter itself is a matter between you and the other party."

There is nothing wrong with others discovering the anomaly and making accusations, and the law does not clearly state that citizens cannot report citizens.

I feel that you have a problem and question it, and I will apologize if you have no problem yourself, although it is unacceptable, but it does not violate the relevant legal provisions.

However, ordinary insults and insults that do not cause actual serious consequences are generally not enough to become crimes, and it is difficult to constitute civil infringement of the right to reputation, and the departments of the Armed Forces Association or the trial court will not accept them, and only when they are abused or insulted by others and their own reputation has been seriously slandered, causing a relatively bad social impact, can they be accepted at this time. ”

"And this netizen's behavior posted on the Internet is to bring serious public opinion consequences to the other party, because your behavior is violating her privacy, and if the circumstances are serious, you may go to jail if you lose money and apologize."

(End of chapter)