Watch online drama and telling the case: A few days ago, we pointed out in the case analysis of " Flowers and Sin " that the reason why Xiao Meng chose to commit suicide was because her boyfriend Aze learned about being a mistress after seeing her indecent video. The direct source of this indecent video lies in the old man's daughter Gao Sihan.
In the play, Gao Sihan made a foolish move because he accidentally learned that his father kept his classmate Wang Xiaomeng, and he took his anger at his father's disappointment on Wang Xiaomeng. He also thought of taking revenge on Wang Xiaomeng through other means, and finally chose to upload the sex video of Xiaomeng found on his father's phone to take revenge. In the play, in the criminal policeman Ma Dong asked her: "Since I hate your father, why don't I pass the video to your father's unit, but to Xiaomeng's school?" She said: "I hate my father, I want to punish him...
When the avalanche was sank, no snowflake was innocent! After watching this drama, I couldn't calm down for a long time. It can be said that everyone was guilty of Wang Xiaomeng's death. Xiaomeng's classmates, school teachers, boyfriend Aze, and parents, but in the final analysis, everything happened was because of poverty. But It is said that " laughs at the poor but not the prostitute ".
In fact, the most unacceptable thing is that this online drama may allude many social real problems. It seems so pale and powerless to criticize or accuse from the moral level...
However, the law must be believed! Some things may not be solved by morality, so it should be put into law. For example, for Gao Sihan, her original intention may be just to punish her father and let Xiao Meng leave her father voluntarily, but unintentionally (or intentionally) disseminate indecent videos on the Internet, and then guide The subsequent incidents such as Xiao Meng's suicide and death cannot be rude away from the responsibility by simply being ignorant and unaware of the law.
In fact, from a legal perspective, after Gao Sihan accidentally learned that Xiao Meng's indecent video was present on his father's mobile phone, he spread the indecent video on the Internet and spread it on campus. The relevant behavior has violated the laws of our country and is suspected of committing illegal crimes.
From the perspective of public security violations, the act of secretly taking photos and spreading photos and videos of others "cars" infringing on others' privacy and reputation rights, etc. According to the "Public Security Administration Punishment Law" Regulations that those who peep, secretly shoot, eavesdrop, or spread other people's privacy may be detained or fined for not more than ten days. In addition to facing public security punishment,
In fact, similar photos and videos of others' "car shock" may also constitute a criminal offense and constitute a crime of spreading obscene materials. According to Article 364 of the " Criminal Law ": "If the spread of obscene materials is serious, they shall be sentenced to fixed-term imprisonment of not less than two years, detention or control; if the spread of obscene materials to minors under the age of eighteen, they shall be punished more severely. "
At the same time, according to the relevant judicial interpretations, "not for profit-making, use the Internet or transfer communication terminals to spread obscene electronic information", if it reaches a certain number, criminal responsibility will be pursued for the crime of spreading obscene materials.
In other words, in this drama, Gao Sihan accidentally learned about Xiao Meng's indecent video, and in order to retaliate against his father, he spread the indecent videos in the school. To be gentle, it may be an illegal act of public security, and he faces administrative detention or a fine; to a serious extent (because Xiao Meng could not withstand public opinion and boyfriend's accusations and injuries, and finally chose to commit suicide, which can be said to be a serious consequence in some way) , it may be suspected of criminal crimes, constitute the crime of spreading obscene materials, and faces a fixed-term imprisonment of less than two years.
Of course, many netizens have speculated that Gao Sihan is likely to have murderous intentions when the video was leaked, and wants to kill Wang Xiaomeng! In fact, the reason for her choice to leak the video is not just to make Xiaomeng leave her father. For example, before the incident, Gao Sihan deliberately sent the video to school, causing Wang Xiaomeng to death. After the incident, she refused to admit it, deliberately pretended to be stupid and did not want to accept punishment...
In fact, from the perspective of case cognition, no one knows what Gao Sihan thought in his heart, so to a certain extent, she could only say at will that no one could confirm it.However, indecent videos involve other people's privacy after all. As an adult, you must know that distributing or disseminating such behavior without authorization not only infringes on the legitimate rights and interests of others, but also suspected of committing illegal and criminal activities.
#Legal Classroom#
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