1. If the act of beating and cursing is limited to verbal insult or slander, if the circumstances are not serious, it may not constitute a crime, but it may be under the pressure of public opinion.
2. If the act of beating and cursing involves insulting the personality and reputation of others, or publicly degrading the personality of others, if the circumstances are serious, it can constitute an insult. According to the provisions of Article 246 of the Criminal Law, he can be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
3. If the act of beating and cursing involves spreading rumors, if the circumstances are not serious, it may not constitute a crime, but it may be punished by administrative punishment such as detention for not more than five days or a fine of not more than 500 yuan. If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
Therefore, when chatting and making friends on the online platform, you should avoid publishing insulting, defamatory or false information to avoid breaking the law.
The steps to prosecute the abuser are as follows:
1. When bringing a lawsuit to the court, the plaintiff shall submit the complaint and relevant evidential materials, and submit copies of the complaint and evidential materials according to the number of defendants, and submit the prepared materials.
2. The judge in charge of filing the case will carefully review the complaint submitted by the parties after receiving it. If it meets the conditions for filing a case, the relevant information will be input into the microcomputer, and after the approval of the dean, the Notice of Case Acceptance, the Notice of Proof and the Notice of Payment of Litigation Fees will be immediately served on the plaintiff.
3. If it is decided to file a case after examination, it will be scheduled immediately. For civil cases of first instance, the parties should be left for 30 days, and for civil cases of second instance, they should be left for 10 days.
4. After the schedule is determined, the filing court will serve the court summons to the parties immediately or by express delivery; If it needs to be delivered directly, it shall be delivered by the filing court to the judicial police force for execution.
5. Pay the litigation costs. After receiving the Notice of Advance Payment of Litigation Fees issued by the court, the parties concerned shall pay the fees at the toll office of China Agricultural Bank where the court is located within 7 days.
6. The court issues a receipt.
To sum up, if the perpetrator calls names in social software groups and publicly insults others, if the circumstances are serious, it will constitute an insult and be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the perpetrator spreads rumors in social software and the circumstances are not serious, it does not constitute a crime, and he shall be detained for not more than five days or fined not more than 500 yuan. If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
Legal basis:
Criminal law of the people's Republic of China
Article 246
Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.