The criterion for the perpetrator to insult others on the internet to constitute a crime is: publicly insulting others by violence or other means, and if the circumstances are serious, he should file a case for investigation. If it is really difficult for the victim to provide evidence, the people's court may request the public security organ to provide assistance.
How to sue others for malicious abuse on the Internet?
The way to prosecute and defend others' malicious abuse needs to be determined according to the severity of the incident. If it is just general abuse, it does not reach a particularly serious level, which belongs to the category of civil disputes. The victim has the right to bring a lawsuit to the people's court on the grounds of infringement of the right of reputation, and demand the actor to stop the infringement, eliminate the influence, restore the reputation, apologize and compensate for the losses; If the degree of abuse is very serious, such as long-term abuse, fabricated facts abuse or violent abuse, you can file a criminal complaint with the public security organ, asking the public security organ to file an investigation, investigate the criminal responsibility of the perpetrator for the crime of insult and slander, and ask the perpetrator to compensate for the losses. This situation belongs to a criminal case, so it cannot be directly prosecuted in court, and it needs to be prosecuted in public security organs.
Legal basis:
Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.