First, is it useful to report violations of reputation and portrait rights?

Bringing a lawsuit to the people's court is a means for the parties to obtain judicial protection. In order to be tried by the court, the parties must meet the conditions prescribed by law:

First, the plaintiff must have legal qualifications, that is, the plaintiff must be a citizen, legal person or other organization that has a direct interest in the case, and the plaintiff must sue because his civil rights and interests have been violated or there is a dispute with others.

Second, there must be a clear and specific defendant, and we must be able to clearly point out who the other party is.

Third, there are specific claims, facts and reasons. Litigation request refers to the plaintiff's request to the people's court to make a judgment, which is the plaintiff's request for the defendant's substantive rights in the lawsuit. The plaintiff must also present the facts on which the claim is based and the reasons for asking the court to protect his rights and interests.

Fourth, it belongs to the scope of civil litigation accepted by the people's court and belongs to the jurisdiction of the sued people's court. A case brought by a party shall be a matter that the people's court can solve by exercising its judicial power. At the same time, bring a lawsuit to a court with jurisdiction.

In China, there are strict boundaries between courts at all levels and courts at the same level in the division of labor and authority in the trial of civil cases of first instance. For the jurisdiction of ordinary civil cases of first instance, Article 22 of China's Civil Procedure Law stipulates that "a civil action brought against a citizen shall be under the jurisdiction of the people's court where the defendant has his domicile"; "A civil action brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled". The defendant's domicile refers to the domicile of a citizen, the main business place or the main office of a legal person or other organization. This is the principle of general jurisdiction, which is applicable to general litigation. Articles 24 and 25 of the Civil Procedure Law also stipulate the jurisdiction of several special circumstances.

With the above conditions, the parties may bring a lawsuit to the court. When bringing a lawsuit, a complaint shall be submitted to the people's court, and a copy of the complaint shall be submitted according to the number of defendants. The complaint shall include the following contents:

(1) Party information. If the party concerned is an individual, his name, gender, age, nationality, occupation, work unit, residence, etc. It should be explained; If there is an agent, the name, domicile, work unit and relationship with the parties shall also be stated. If the party is a legal person or other organization, it shall specify the name of the legal person or organization, the address of the unit, the name and position of the legal representative or principal responsible person.

(two) the plaintiff's request and the facts and reasons on which it is based.

(3) Evidence and its sources, names and residences of witnesses, etc.

(4) The name of the court, the year, month and day of prosecution, and the signature or seal of the prosecutor.

Therefore, violations of the right of reputation and portrait will be investigated and tried by the public security or the court after reporting to the police.

Second, the conditions of reputation infringement

(1) The actor objectively has a fact that damages the reputation of others and is known by a third party.

The infringer has insulted or slandered. The so-called insult refers to the act of publicly damaging the personality and reputation of others by words or actions. Insult can be done orally or by behavior. Its manifestation is to spread existing defects or other facts that are detrimental to people's social evaluation, so as to discredit others and humiliate them, which can be called "much ado about nothing"

(2) The actor is subjectively at fault.

From a legal point of view, the subjective fault of public figures in bringing a lawsuit of reputation infringement should be based on whether the actor has actual malice. Even if there is no actual malicious behavior, it should not be considered as infringement.

(3) The object of infringement should be a specific person.

A specific person refers to a specific natural person or legal person. If there is no specific person, there is no such thing as a victim in law. However, if some literary works insult or slander a specific person in their descriptions, although they use code names or pen names, readers can know who they are referring to at a glance, which obviously cannot deny the author's infringement just because he uses code names or pen names. Therefore, if the designated object is a specific person in a specific environment and under specific conditions, even if the name is not named, it can also constitute an infringement on the reputation right of others.

(4) In consequence, the infringer's behavior has caused serious damage to the victim's reputation, making the victim feel unfair social pressure or psychological burden, mentally tortured and psychologically traumatized.

Third, what are the forms of infringement of the right of reputation?

(1) insult

Insult refers to the act of deliberately degrading the personality and damaging the reputation of others through words, words or actions. The subjective state of insulting behavior should be intentional, and its way can be words, words or actions, or a mixture of the above-mentioned centralized ways. According to the provisions of the Civil Code, it is forbidden to damage the reputation of citizens and legal persons by insulting, to publicly vilify others' personality by fabricating facts orally or in writing, and to damage others' reputation by insulting or slandering, which has a certain impact, and should be regarded as an act of infringing citizens' reputation rights. Slander or defame the reputation of a legal person in written or oral form, which causes damage to the legal person, shall be deemed as an act of infringing the reputation right of a legal person.

(2) Defamation

Defamation refers to the act of intentionally or negligently spreading false facts about others, which leads to the degradation or damage of others' reputation. The subjective state of slander can be intentional or negligent, and its way can be words, words or any other way to spread false facts. The Civil Code stipulates that it is forbidden to damage the reputation of citizens and legal persons by libel.

If the real names of others are deliberately used in literary works, or the plaintiff's real names and addresses are not specified, but the description of the characters clearly points to or alludes to others, and the novel content is insulting and defamatory, thus damaging its reputation, both the author and the publishing house may constitute infringement of the right of reputation.

(three) the news report is seriously untrue, causing damage to the reputation of others.

In the Supreme People's Court's reply to the case of Liang Xu v. Shanghai Culture and Art Newspaper and others infringing on the right of reputation, it was considered that the defendant Zhao Weichang wrote a seriously inaccurate article "Vibration caused by the ban on sale of 3,000 yuan" and the defendant Shanghai Culture and Art Newspaper published the article without verification, which caused adverse consequences, and both defendants' actions constituted violations of Liang Xu's right of reputation.

Letters or articles published in publications, as well as materials published by relevant organs and organizations for internal reference only by leading departments, shall not be accepted by the people's court if the parties bring a lawsuit to the people's court on the grounds that their contents infringe the right of reputation. Organs, social organizations, academic institutions, enterprises and institutions issue internal publications and internal materials of their own units, systems or other certain ranges, and the contents contained therein cause disputes over reputation rights, the people's court shall accept them.

To sum up, if the violation of the right of reputation and portrait conforms to the criminal constitution stipulated in the criminal law, and the victim has sufficient evidence, then he can call the police or file a private prosecution with the court.

Legal objectivity:

Article 10 18 of the Civil Code of People's Republic of China (PRC) * * * Natural persons have the right to make, use, disclose or permit others to use their own portraits according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc. Article 110 of the Civil Code of People's Republic of China (PRC), the personality right of the civil subject. Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.