What are the legal provisions of criminal law that infringe on others' portrait rights?

Infringement of others' portrait right is only a civil infringement in our country, which does not involve criminal offences, so there is no clear stipulation in the criminal law. Secondly, in terms of civil tort, you can ask the other party to apologize and eliminate the influence.

In daily life, we can often see some people use their photos for commercial purposes without the consent of others, in order to obtain considerable profits. This practice may cause dissatisfaction among the parties, who will seek some ways to safeguard their rights and interests. So what are the legal provisions of criminal law that infringe on others' portrait rights? Let me give you a detailed introduction.

1. Is it illegal to infringe on the right to portrait?

Infringement of others' portrait rights is a kind of civil liability, and Article 10 18 of the Civil Code (202 1. 1 came into effect).

The right of portrait A natural person enjoys the right of portrait and has the right to make, use, make public or permit others to use his own portrait according to law.

It can be seen from the laws that infringe on the right of portrait that this kind of behavior does not involve criminal offence, but only causes certain damage to the victim, but this kind of damage does not need to be evaluated by criminal law, so infringing on the right of portrait is not an illegal and criminal act. The infringer only needs to bear civil liability, not criminal liability.

Second, the civil liability for infringement of portrait rights

There are certain principles to determine that the right to portrait has been violated. According to China's General Principles of Civil Law, as long as these three requirements are met, civil liability that constitutes infringement of portrait rights can be identified:

1, the occurrence of damage facts. For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, mainly reflected in the fact that the possibility of the portrait owner obtaining property benefits from his portrait is reduced, including direct losses and indirect losses, including mental damage and material damage.

2. The infringer is subjectively at fault (including intention and negligence). That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that mistakes have occurred.

3. There is a causal relationship between the damage facts and the tort. This causal relationship must be an inherent, essential and inevitable connection between the photographer's behavior and the damage result.

Third, the way to bear civil liability for infringement of portrait rights.

In our country, the main way of liability for infringement of portrait right is civil liability. This kind of civil liability includes stopping the infringement, eliminating the influence, apologizing and compensating for the losses. Among them, stopping the infringement, eliminating the influence and apologizing are non-property liability methods, and compensating for losses is property liability methods. In China's judicial practice, the determination of tort liability is generally as follows: First, taking profit as the purpose and taking profit as the compensation standard. That is, no matter whether it is "serious" or not, as long as the purpose of illegal use is profit and the portrait owner demands compensation, the infringer must bear the liability for compensation. Secondly, for the non-profit infringement of portrait rights, that is to say, the determination of compensation for spiritual interests of infringement of portrait rights is based on "serious circumstances". If the circumstances are minor and have not caused serious consequences, material compensation is generally not awarded.

First of all, I want to tell you that the infringement of others' portrait rights is a civil tort in our country and does not involve criminal offences, so the criminal law does not clearly stipulate it. Secondly, in terms of civil tort, you can ask the other party to apologize and eliminate the influence.