network is boundless and secure.
keep the network clean and healthy,
needs you and I to work together.
Recently, the first domestic suspense drama "Are you safe? " is on air. Taking Internet information security as the starting point, the play focuses on social hotspots and livelihood topics such as marriage, education, and the workplace. (played by ) and Chen Mo (played by Here) uphold the original intention of "science and technology for goodness", and in the process of assisting the public security department in fighting crimes again and again, the story of mutual suspicion to sincere love.
The protagonists in the play
guard network security with fingertip code, and
maintain network justice with the power of science and technology. While
is addicted to brain-burning plots, this issue of
[Following the Drama and Popularizing the Law] will take you to pay attention to the legal knowledge hidden in the cases in the
drama!
01
Xia Yan suspects her husband Shi Quan is derailed because she is indifferent to her. Therefore, Xia Yan found Qin Huai, who started an online security company, and hoped that Qin Huai would help him get the "real hammer" of her husband's derailment by tracking, secretly taking pictures, or blocking people at the door. Although Qin Huai rejected Xia Yan's request, if he obtained the cheating photos in this way, can they be used as evidence in the divorce case? Whether the
cheating photos can be used as evidence mainly depends on whether the acquisition process is legal. According to Article 106 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China", the formation or acquisition of laws that seriously infringe upon the lawful rights and interests of others, violate legal prohibitions, or seriously violate public order and good customs evidence shall not be used as the basis for determining the facts of the case. In addition, stalking, candid photography and other actions have the risk of infringing on the privacy rights of others. According to the relevant provisions of the Public Security Administration Punishment Law of my country, corresponding penalties such as detention and fines may be imposed.
02
When Qin Huai was helping Xia Yan investigate her husband Shi Quan's cheating object, he accidentally discovered that the other party was actually a "man disguised as a woman" traveler. The purpose of traveling around Shi Quan is to find out the key evidence of Shi Quan's sexual harassment and seek justice for Si Ya, who was once harassed by Shi Quan. How to properly protect your rights when encounters sexual harassment?
Sexual harassment is a violation of personal dignity and is an illegal act. In serious cases, it will constitute a crime. Article 1010 of " Civil Code of the People's Republic of China " clearly stipulates that, against the will of others, sexual harassment of others by means of words, text, images, physical behavior, etc., the victim has the right to request the perpetrator to bear the civil responsibility. In addition, Article 237 of the "Criminal Law of the People's Republic of China" stipulates that those who use violence, coercion or other methods to forcefully molest others or insult women shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Therefore, if you encounter sexual harassment, you must pay attention to collecting and retaining relevant evidence, you can report it to the public security organ or the supervision department of the unit, and protect your legitimate rights and interests through legal channels.
03
The scandal of Shi Quan's sexual harassment of others was exposed, and in desperation, he found a public relations company to "clean up" himself. The public relations officer Shen Yizhang posted photos of the victim Siya online, and used the Internet to make personal attacks and humiliating remarks against Siya, causing netizens who didn't know the truth to start "Internet violence" Siya. What responsibility should Shen Yizhang take for taking advantage of the Internet, manipulating public opinion, fabricating, and spreading false information?
The false information spread by Shen Yizhang violated Siya's right to reputation and privacy, etc. According to the relevant provisions of my country's Civil Code , Shen Yizhang shall bear the civil responsibility for stopping the infringement, restoring his reputation, eliminating the impact, making an apology and compensating for losses. If Shen Yizhang uses the Internet to publicly insult others or fabricate facts to slander others, resulting in serious consequences, he may be suspected of committing the crime of insult and defamation. In addition, according to Article 225 of my country's Criminal Law and relevant judicial interpretations, Shen Yizhang's public relations company provides services such as publishing information on the Internet for profit, and may be involved in the crime of illegal business operations. Serious cases will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of more than one time but not more than five times the illegal income may be imposed concurrently or alone.
04
Qin Huai met lawyer Lin Shuo in a bar who was approached by a strange man. In order to help Lin Shuo, Qin Huai drank the wine prepared by the strange man. Soon after, Qin Huai, who walked out of the bar, felt dizzy and fell asleep on the side of the road. It was later verified that the glass of wine was mixed with psychotropic drugs commonly used in adultery and rape cases. If launched the so-called "drug" with unscrupulous intentions, but did not cause bad consequences, does it not need to be held responsible?
Although in the play, the strange man failed to let Lin Shuo drink the "drugged" wine because of Qin Huai's appearance. However, the man has the subjective intention of "raping others", which should at least constitute preparations for the crime of rape and need to bear corresponding criminal responsibility. If the person who put in the drug has sex with Lin Shuo after putting the drug for the purpose of rape, it is suspected of committing the crime of rape. According to the relevant provisions of my country's Criminal Law, whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If someone is seriously injured or even killed due to the delivery of "drugs", they shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or the death penalty.
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