What is right of personal dignity?

What is right of personal dignity?

1 Significance of right of personal dignity

Right of personality: inviolable right having relevance interests with the personality value.

right of reputation

right of personal name

right of portrait

right of privacy

right of life and health

Right of personality in broad sense

personal life

spiritual

personal lives

health

Interests relevant to

2 Significance of personal dignity

Personal dignity

The independent status of citizen as the subject in legal relations shall be recognized and respected.

3 Legal protection of personal dignity

Constitution: The personal dignity of citizens of the People's Republic of China is inviolable.

Insult: the act of using force or other methods to openly depreciate other’s personality and harm other’s reputation.

Defamation: the act of intentionally fabricating stories and spreading false facts and creating groundless rumors, harming others’ personal dignity.

False accusation: the act of making false accusation to the relevant organ or unit against citizens in oral, written, signed or anonymous manner, for purpose of framing others, through fabracating false facts, 040

4 Protection of right of personality after the citizen dies

Infringement upon the name, portrait, reputation or honor of a deceased person by insulting, libeling, disparaging, vilifying or by other means contrary to the public interests or social morality

Illegal disclosure or use of the privacy of a deceased person or infringement upon the privacy by other means contrary to the public interests or societal morality

Illegal use of or damage to the remains of a deceased person or infringement upon the remains by other means contrary to the public interests or social morality

the close relative of the deceased may bring an action in the people’s court to claim emotional damages

5 Legal liability for infringement upon personal dignity

Civil liability

The victim has the right to demand that the infringement be stopped, his reputation rehabilitated, the ill effects eliminated and an apology made; he may also demand compensation for losses. The victim may also bring an action in the people’s court to claim emotional damages.

Administrative liability

Detention for not more than 5 days or fine of not more than 500 yuan shall be imposed by the public security organ; where the circumstances are relatively serious, the infringer shall be detained for not less than 5 days but not more than 10 days, and shall be concurrently fined not more than 500 yuan.

Criminal liability

Those openly insulting others using force or other methods or those fabricating stories to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three year, criminal detention, control or deprivation of political rights.